600 Licenses

601. Licensing Procedures (To Top of Page | Back to Ordinance Contents)

601.01 Scope. The provisions of 601 shall apply to all licenses and permits issued under this chapter, unless an exception is specifically provided by ordinance.

601.02 Applications. Every application for a license shall be made to the city administrator on forms supplied by the city. The application shall state the applicant's name, address, and telephone number, the name of the business, if different, the address and telephone number of the premises on or from which the business is to be conducted, any other business operated on or from the same premises, the type of license applied for, and such other information as may be required by this code or by the council. All applications shall be accompanied by payment in full of the license fee. No person shall knowingly make a false statement in any license application.

601.03 Term. All licenses shall expire December 31 of each year. Except as necessary to coordinate expiration dates, all licenses shall be for a one-year term. When a license is issued for less than a full year, the fee shall be prorated at the rate of one-twelfth of the annual fee for each month or fraction of a month remaining in the year.

601.04 Fees. Fees for licenses issued under this chapter are as set forth in Section 210.

601.05 Prior Convictions. No person shall be denied a license because of a prior conviction unless that conviction has been determined by the council to be related to the business for which a license is sought, as provided by Minnesota Statutes, Chapter 364. The listing in this chapter of offenses deemed to be related to a particular business shall not preclude a finding by the council that other offenses are also related to that business. No person shall be denied a license because of an arrest or arrests not followed by conviction or admission of guilt.

601.06 Suspension and Revocation. The council may suspend for a period not to exceed sixty days or revoke any license for violation of any provision of this chapter or any applicable state law or regulation. Except as provided by this section, no license shall be suspended or revoked unless the licensee has been given written notice and a public hearing by the council or a committee of the council. The notice shall be given at least ten days in advance of the hearing, and shall state the time and place of the hearing and the nature of the charges against the licensee. The council may, without any advance notice or hearing, suspend any license for a period not exceeding ten days, pending a hearing on revocation.

601.07 Where allowed. No license shall be issued for any premises unless the business for which the license is sought is in compliance with the applicable zoning, building, and health ordinances, laws and regulations.

601.08 Transfers. No license shall be transferable, unless specifically provided for by this code.

601.09 Background Investigations.  The Detroit Lakes Police Department shall conduct criminal history background investigations on applicants for various licensure under this section. For purposes of conducting this investigation and subject to present and future limitations on the use of the information imposed by the Minnesota Bureau of Criminal Apprehension and the Federal Bureau of Investigation, the Detroit Lakes Police Department shall access the Criminal Justice Data Network administered by the Minnesota Bureau of Criminal Apprehension. Information obtained from this source and used for these background investigations may include but is not limited to: drivers license information and records of arrest and/or conviction in this state alone. Access to FBI data for purposes of this section is prohibited.  The signed consent of the applicant is required and the grounds and reasons for determining denial will be relayed to the applicant upon denial by the city administrator’s office. In situations involving questioned identity, it is appropriate for the police department to use finger print verification to clarify the accuracy of a record disputed by an applicant.  Amended:  04/05/05 Ord. No. 269

602. Massage Parlors (To Top of Page | Back to Ordinance Contents)

602.01 Definitions. For the purpose of this chapter, the following words and phrases shall have the following meanings:

(1) Employee. Any person over eighteen years of age, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.

(2) Licensee. The person to whom a license has been issued to own or operate a massage establishment as defined herein.

(3) Massage. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other such similar preparations commonly used in the practice of massage, under such circumstances that is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.

(4) Massage Establishment. Any establishment having a source of income or compensation derived from the practice of massage.

(5) Massagist, Masseur or Masseuse. Any person who, for any consideration whatsoever, engages in the practice of massage.

(6) Outcall Massage Service. Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a licensed massage establishment.

(7) Patron. Any person over eighteen years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.

(8) Permittee. The person to whom a permit has been issued to act in the capacity of a massagist (masseur or masseuse) as herein defined.

(9) Recognized School. Any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved by or affiliated with the American Massage and Therapy Association., Inc., and which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than seventy hours before the student shall be furnished with a diploma or certificate of graduation from school or institution of learning following the successful completion of such course of study of learning.

(10) Sexual or Genital Area. Genitals, pubic area, buttocks, anus, or perineum of any person, including the vulva or breasts of a female.

602.02 Business License Required. No person shall engage in or carry out the business of massage unless such person has a valid massage business license issued by the city pursuant to the provisions of this chapter for each and every separate office or place of business conducted by such person.

602.03 Massagist's Permit Required. No person shall practice massage unless such person has a valid and subsisting massagist's permit issued to him by the city pursuant to the provisions of this chapter.

602.04 Exemptions. This chapter shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:

(1) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of Minnesota.

(2) Nurses who are registered under the laws of this state.

(3) Barbers and beauticians who are duly licensed under the laws of this state, except that this exemption shall apply solely to the massaging of the neck, face, scalp, and hair of the customer or client for cosmetic or beautifying purposes.

602.05 Application for Massage Establishment License.

Subdivision 1. Information. In addition to the information required by 601.02, each application for a massage establishment license shall include the following:

(1) Description of service to be provided.

(2) The name and residence address of each applicant (all provisions which refer to the applicant shall include an applicant which may be a corporation or partnership.)

    (a) If applicant is a corporation, the name and residence addresses of      each of the officers and directors of said corporation and of each stockholder owning more than ten percent of the stock of the corporation , and the address of the corporation itself, if different from the address of the massage establishment.

    (b) If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address on the massage establishment.

(3) The two previous addresses immediately prior to the present address of the applicant.

(4) Proof that the applicant is at least eighteen years of age.

(5) Individual or partnership applicant's height, weight, color of eyes and hair.

(6) Copy of identification such as driver's license.

(7) One portrait photograph of the applicant at least two by two inches and a complete set of applicant's fingerprints which shall be taken by the chief of police or his agent. If the applicant is a corporation, one portrait photograph at least two by two inches of all officers and managing agents of said corporation and a complete set of the same officers' and agents' fingerprints which shall be taken by the chief of police or his agent. If the applicant is a partnership, one front face portrait photograph at least two by two inches in size of each partner, including a limited partner in said partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the chief of police or his agent.

(8) Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.

(9) The massage of similar business license history of the application; whether such person, in previously operating in this or another city or state, has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

(10) All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted.

(11) The names and address of each massagist who is or will be employed in said establishment.

(12) Applicant must furnish a diploma or certificate of graduation from a recognized school, provided, if the applicant will not personally engage in the practice of massage as defined herein, applicant need not possess such diploma or certificate of graduation form a recognized school.

(13) The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given herein wherein the business or profession of massage is carried on.

(14) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

(15) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

(16) Such other identification and information necessary to discover the truth of the matters required to be set forth in the application.

(17) The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county, then the State of Minnesota, and lastly from the rest of the United States. These references must be persons other than relatives and business associates.

Subd. 2. Investigation. Each application shall be referred to the police department, building inspector, health officer, and fire department. The departments shall investigate the applicant and inspect the premises and make a written report to the city administrator concerning the truth of statements made in the application and compliance with requirements of this chapter.

Subd. 3. Charges. The licensee shall notify the city administrator within ten days of any change in any of the data required by this section.

602.06 Application for Massagist's Permit. In addition to the information required by 601.02, each application for a massagist's permit shall include the following:

602.07 Oath. Each application for a massagist's permit or massage establishment license shall include a written declaration under penalty of perjury that the information contained in the application is true and correct, and shall be signed, dated, and notarized.

602.08 Grounds for Denial of License or Permit. The following shall be grounds for denial of a license or permit, provided that this list is not exclusive:

602.09 Approval or Denial of Application. The council shall act to approve or deny an application for a license or permit under this section within a reasonable period of time and in no event shall the council approve or deny a license or permit later than ninety days from the date that the application was accepted by the city administrator.

602.10 Waiver of Diploma Requirement. The council shall waive the requirements of 602.05, Subdivision 1 (11), or 602.06, Subdivision 1 (8), if the applicant furnishes satisfactory evidence that he or she attended not less than seventy hours of instruction in a school in the State of Minnesota, another state, or any foreign country, that provides education substantially equal to or in excess of the educational requirements of this section.

602.11 Posting.

Subdivision 1. Permit. Every massagist shall post the permit required by this section in their work area.

Subd. 2. License. Every person, corporation, partnership, or association licensed under this section shall display such license in a prominent place.

602.12 Register of Massagists. The licensee or person designated by the licensee of a massage establishment shall maintain a register of all persons employed at any time as masseurs or masseuses and their permit numbers. Such register shall be available at the massage establishment to representatives of the city during regular business hours.

602.13 Revocation or Suspension of License. Any license issued for a massage establishment may be revoked or suspended by the council after notice and a hearing, for good cause, or in any case where any of the provisions of this section are violated or where any employee of the licensee, including a masseur or masseuse is engaged in any conduct which violates any of the state or local laws or ordinances at licensee's place of business and the licensee has actual or constructive knowledge by due diligence.

602.14 Revocation of Permit. A masseur or masseuse permit shall be revoked or suspended where it appears that the masseur or masseuse has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this section.

602.15 Facilities Necessary. No license to conduct a massage establishment shall be issued unless an inspection reveals that the establishment complies with each of the following minimum requirements:

602.16 Operating Requirements.

602.17 Minors Prohibited. No person shall permit any person under the age of eighteen years to come or remain on the premises of any massage business establishment, unless such person is on the premises on lawful business.

602.18 Alcoholic Beverages. No person shall sell, give dispense, provide, or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage business.

602.19 Hours. No massage business shall be kept open for any purpose between the hours of 10:00 P.M. and 8:00 A.M.

602.20 Employment of Massagist. No licensee shall employ as a massagist any person unless the employee has obtained and has in effect a permit issued pursuant to this section.

602.21 Inspection. An authorized representative of the city may, from time to time, make inspection of each massage business establishment for the purposes of determining that the provisions of this section are fully complied with. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or hinder such officer in any manner.

602.22 Unlawful Acts.

Subdivision 1. Opposite Sex Massage. It shall be unlawful for any person holding a permit under this section to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, chiropractor, or registered physical therapist which order shall be dated and shall specifically state the number of massages. The date and hour of each massage given and the name of the operator shall be entered on such order by the establishment where such massages are given and shall be subject to inspection by the police. The requirements of this subsection shall not apply to massages given in the residence of a patient, the office of a licensed physician, osteopath, or registered physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium.

Subd. 2 Sexual Massage. It shall be unlawful for any person, in a massage parlor, to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or the breasts of a female.

Subd. 3. Indecent Exposure. It shall be unlawful for any person, in a massage parlor, to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, in a massage parlor, to expose the sexual or genital parts or any portion thereof of any other person.

Subd. 4. Clothing. It shall be unlawful for any person, while in the presence of any other person in a massage parlor, to fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body.

Subd. 5. Rooms. It shall be unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked. All doors or doorway coverings within a massage establishment shall have an unobstructed opening six by six inches in size capable of clear two-way viewing into and out of all cubicles, rooms, or booths. The opening shall be not less than four and one-half feet from the floor of the establishment nor more than five and one-half feet from the floor. Toilets and cubicles used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door to curtain of said cubicle, room or booth. Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the police or health departments.

602.23 Outcall Massage.

Subdivision 1. Prohibited. No person shall operate an outcall massage service, except as provided in Subd. 2.

Subd. 2. Exception. Outcall massage service may be provided only upon a customer who, because of physical defect, incapacity, or illness, is physically unable to travel to massage establishment. The licensee shall keep a record of each outcall massage, including the name and address of customer or client; the nature of the physical defect, incapacity, or illness; the date and time of the massage; the name of the massagist administering the massage; and the type of massage administered. Such records shall be open to inspection by police and public health officials, but shall not otherwise be disclosed by the licensee.

602.24 Transfer. No license or permit may be transferred. Any person to whom a licensed massage service is sold or transferred shall apply for a license pursuant to 602.05; provided, that upon the death or incapacity of a licensee, the licensee's heir, devisee, or the guardian of the heir or devisee, may continue to operate the massage establishment for not more than sixty days while his application for a license is being processed.

602.25 Name and Place. No licensee shall operate a massage establishment under a name not specified in his application. No licensee shall operate a massage establishment under any designation or at any location not specified in his application.

603. Pawnbrokers (To Top of Page | Back to Ordinance Contents)

603.01 License Required. No person shall conduct a pawnbroker business unless the person has a pawnbroker's license pursuant to this section.

603.02 Application. In addition to the information required by 601.02, each application shall include the names of all partners or shareholders owning a ten percent or more interest in the business.

603.03 Records. Every pawnbroker shall keep a written record of the name, address and drivers license or state identification number of persons pawning articles, a description of the pawned article or articles, including serial numbers, if any, and the date pawned.

604. Transient Merchants, Peddlers, Hawkers, Solicitors (To Top of Page | Back to Ordinance Contents)

604.01 Purpose. This section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. This section is to assure that transient merchants, hawkers, peddlers and solicitors do not use public streets and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful actives. This section is intended to ferret out and control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities; and, (2) businesses and organizations which, though its activities be lawful or even commendable, use such illegitimate practices in solicitation; and (3) individual natural persons who, though they represent lawful businesses and organizations, use such illegitimate solicitation practices.

604.02 Definitions.

Subdivision 1. Transient Merchant. Any person selling any merchandise, either as principal or agent, from a building or lot which he occupies as a tenant at will, or under a lease for a shorter term than six months, or from a railroad car, a truck, watercraft, or any other vehicle, or any person engaged in selling ice cream, ice cream products, popcorn, or soft drinks in booths or stands or in a temporary building.

Subd. 2. Hawker and Peddler. Any person selling any goods or products from a vehicle, or pack, going about from place to place carrying said goods or products for the purpose of sale and delivery, if the goods or products be edible, is a hawker; if the goods be nonedible, such a person is a peddler.

Subd. 3. Solicitor. Any person selling goods by sample or taking orders for future delivery and accepting a deposit or advance payment is a solicitor, provided, any person taking orders to be filled by goods delivered to the purchaser from other states in the original package shall not be included.

604.03 License Required. No transient merchant, hawker, peddler or solicitor shall sell or offer for sale any merchandise or attempt to do any business in the City and all surface water more than one-half surrounded by the City without first having obtained a license to do so.

604.04      Fees.  All fees for such license is as set forth in Chapter 210.

604.05      County License Required.  Repealed:  11/5/02 Ord. 219

604.06      Application.  In addition to the information required by 601.02, each application shall show the names of all persons associated with the applicant in his business; the length of time for which a license is desired; a general description of the thing or things to be sold; the place or places of residence of the applicant for the most recent five years and the applicant’s Minnesota sales tax permit number.  Every application shall bear the written approval of the Chief of Police after an investigation.  All applications will be submitted to the City Council and a license will be issued by the City Administrator upon City Council approval.

604.07      Bond Required. 

 Subdivision 1.   No transient merchant, hawker, peddler or solicitor license shall be issued unless and until the applicant shall have filed with the City a corporate surety bond in the penal sum of $2,000.00, or such greater amount as may be determined by the Council, with sufficient sureties and in favor of the City, but for the benefit of any residents who may sustain individual loss by means of fraud, artifice, trick or other means of theft practiced by the licensee on such resident.  Provided, however, that a certificate evidencing such bond coverage and the availability of the penalty for the uses and purposes herein expressed, shall be sufficient to satisfy this section without a separate bond, in order that the applicant might be spared the necessity for duplicate bonding.

Subd. 2.  Exemption.  The bond required by this section shall not be required for sale of ice cream products, frozen treats or bottled water from non-motorized bicycles.  Adopted:  06/16/2005 Ord. No. 275

604.08      Duration of License.  Each license shall be valid only for the period specified therein and no license will extend for a period longer than six months.  No license may extend beyond the 31^st day of December of each year.

 604.09      License Not Transferable.  Licenses issued under this section shall be non-transferable.  No refunds shall be made on unused portions of licenses.  Each person engaged in the business of vending, hawking, or peddling goods must secure a separate license. 

 604.10      License to be Carried.  All licenses under this section shall be carried by the licensee or conspicuously posted in his place of business and such licensee shall whenever requested show said license to any officer or citizen who demands to see the same.

604.11 Person in Charge of Premises. The owner or person in charge of any premises within the City of Detroit Lakes who enters into an agreement with a transient merchant or solicitor as defined herein to operate or temporarily conduct a transient merchant business on such premises shall be responsible for the conduct of such business upon his premises, including the application for and obtaining of a license for such transient merchant business as provided in this Section.

604.12 Exemptions. This section shall not apply to the following persons or organizations if the following procedure has been accomplished:

Subdivision 1. Persons duly licensed or specifically exempted from licensing under the Constitution and laws of the State of Minnesota, or the City Code, at such times as such persons are conducting only the activity described by said laws.

Subd. 2. Persons making an initial uninvited call upon the householders of the City as preliminary to the subsequent establishment of a regular route service for the sale and delivery to customers of the daily necessities of life which are perishable or subject to spoiling within a reasonable period of time.

Subd. 3. Charitable organizations, and representatives thereof, duly registered under the laws of Minnesota as set forth in Minnesota Statutes, Sections 309.50-309.61 or those specifically exempted from registration under the provisions thereof, including but not limited to schools, scouts, organized youth athletic leagues, social, fraternal, educational or related organizations and their representatives.

Subd. 4. Farmers or truck gardeners who offer for sale or sell, or who peddle from house to house or in the markets, vegetables, butter, eggs, or other farm or garden products produced and raised by said farmer or truck gardener from lands occupied and cultivated by him in Becker County. Provided, that every such farmer or truck gardener claiming the exemption from the license requirements of this Section shall upon request of the City Administrator, present satisfactory proof by means of sworn statements or otherwise, that such farmer or truck gardener is entitled to such license, exemptions; provided further that whoever shall execute a false sworn statement or make any false representations which shall induce the City to grant such exemption, shall upon conviction thereof, be deemed to be guilty of a misdemeanor.

604.13 Prohibited Solicitation Practices. It is unlawful for any transient merchant, hawker, peddler or solicitor to:

(1) engage in solicitation for any unlawful business or organizational purpose or activity;

(2) practice harassment; nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation;

(3) solicit to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited";

(4) refuse to leave premises when requested by owner, lessee, or person in charge thereof;

(5) call attention to his business or to his merchandise by crying out, by blowing a horn, by a ringing a bell, or by any loud or unusual noise;

(6) displaying merchandise, parking vehicle or placing temporary structure in such place or position as to prohibit or interfere with the movement of traffic or restrict the view of traffic on any City sidewalk, street or highway;

(7) displaying or selling merchandise on any right-of-way or public property.

Revised, Ord. 26, 1/5/88

605. Plumbers (To Top of Page | Back to Ordinance Contents)

605.01 Definition. "Plumbing" means the making of any connection with the water pipes, water mains, branch sewers, main sewers, drains or other service pipes of the city, or making any repairs, additions, or alterations of any pipe, tap, stopcock, water closet, or any other fixture connection with or designed to be connected with the water works or sewer system of the city.

605.02 License Required.

Subdivision 1. Generally. Except as provided in Subd. 2, no person shall carry on the business of plumbing in the city without having a city plumber's license.

Subd. 2. Exception. No city employee or city contractor in city work on maintenance, repair, or extension of the city water or sewer system shall be required to be licensed under this section.

605.03 Requirements.

Subdivision 1. State License. A city plumber's license shall not be issued to anyone who does not possess current master or journeyman plumber's license issued by the state health department.

Subd. 2. Bond. Before a license may be granted, the applicant shall furnish to the city a bond approved by the council in the amount of $2,000, executed by a surety company authorized to do business in Minnesota. The bond shall be conditioned that the applicant shall in all respects well and faithfully perform all things by him undertaken in the making of connections, repairs or taps of any kind with the water mains or pipes connected with the water works system of the city, and shall save the said city harmless of and from all accidents and damages consequent thereto or by reason of any opening in any street, lane or avenue made by him or by any person in his employ, for the purpose of putting down service pipes connecting with the water works of said city, and that he will restore all streets excavated by him to their former good condition and will keep and maintain the street and sidewalk in good condition, to the satisfaction of the street commissioner for a period of one year next thereafter, and that he will pay all fines and penalties that may be imposed upon him by law.

605.04 Refunds. No refund of any portion of the license fee shall be made for any reason.

605.05 Standards. All plumbing shall be performed in accordance with the provisions of the Minnesota State Plumbing Code. A current copy of the code and amendments shall be filed in the city administrator's office.

605.06 Enforcement. It shall be the duty of the plumbing inspector designated by the council to enforce the plumbing provisions of this section. All plumbing work shall be inspected, and if found not to be in accordance with the code, shall be corrected. If, after written notice to the person installing work requiring the correction thereof, such person neglects or refuses to conform to such order, the city or any duly appointed inspector may remove such work and charge the cost thereof to the person installing it. No person shall cover any work without it being duly inspected. Refusal to correct a violation when ordered to do so by the plumbing inspector, shall be a violation of this section.

606. Solid Waste Collectors (To Top of Page | Back to Ordinance Contents)

606.01 License Required. Any persons, firm, or corporation desiring to conduct the business of collecting garbage, rubbish, recyclables or slid waste in the City of Detroit Lakes shall first obtain a license to do so.

607. Cigarette Sales (To Top of Page | Back to Ordinance Contents)

607.01 License Required. No person shall directly or indirectly or by means of any devise keep for retail sale, sell at retail, or otherwise dispose of any cigarettes or cigarette wrappers unless he has been issued a cigarette sales license.

607.02 Requirements. No license shall be issued for sale of cigarettes at any place other than an established place of business. No license shall be issued for the sale of cigarettes at a movable place of business.

607.03 Display. Every cigarette sales license shall be conspicuously posted on the premises for which the license is issued, and shall be exhibited to any person upon request.

607.04 Minors. No person shall sell or give away any cigarette, cigarette paper or cigarette wrapper to any person under the age of eighteen years.

608. Tourist Park (To Top of Page | Back to Ordinance Contents)

608.01 Definitions. For the purpose of this chapter, the following terms shall have the meaning herein given:

Subdivision 1. "Recreational Vehicle," or "RV." Any travel trailer, park model trailer, camper, slide-in pickup camper, motor home, mini-motor home or other recreational vehicle not on a permanent foundation, including any structure or vehicle used or capable of use as living quarters for human habitation or for human shelter, currently mounted on wheels, formerly mounted on wheels or designed for installation on or transportation by a wheeled vehicle and capable of being moved from place to place, either by its own power or by power supplied by a vehicle attached or to be attached thereto and which does not require a special highway movement permit based on size or weight.

Subd. 2. "Tourist Park," or "Park." Any plot of ground where space is provided for, or on which is located, more than one recreational vehicle as defined by this ordinance.

Subd. 3. "Tourist Park Site Plan." A sketch, diagram, or plat showing the location, sizes, distances, and arrangement of the following: accommodations for vehicles, property lot lines, streets, driveways, driving and walking paths, parking areas, open space areas, outdoor recreational facilities, storage lockers, permanent or temporary structures, bathing facilities, toilet facilities, other impervious surfaces, water mains, and septic tanks or other sanitary facilities.

608.02 Tourist Park License Required. No owner, lessee or occupant of property, nor any other person or entity shall keep, allow, operate, or maintain a tourist park within the City without first obtaining a license to do so. Such licenses shall be issued on a calendar year basis; provided that an initial license may be issued for the remainder of a calendar year at a pro-rata portion of the annual fee. The annual fee for a tourist park license shall be as set forth in Chapter 210 and shall accompany the application for license. A license issued under this ordinance may be subject to such conditions as are determined by the City Council to be necessary to ensure compliance with this ordinance or other applicable laws or regulations, or to prevent the creation of a public nuisance.

608.03 Tourist Park License Application. In addition to the information required by Section 601.02 of the Detroit Lakes City Code, the application for a tourist park license shall include the name of the park's owner, manager, park land property owner, and park land property lessee, if other than the licensee; the size of the parcel to be used; the maximum number of vehicles to be accommodated; information as to the water supply, toilet and sanitary facilities; and a Tourist Park Site Plan as defined by this ordinance.

608.04 Tourist Park Requirements. No license shall be issued unless the proposed tourist park contains water, bathing, and sanitation facilities adequate for the maximum number of vehicles to be accommodated. The sanitary facilities shall be connected to the city sewer systems if available. No license shall be issued unless the tourist park is provided with electricity, adequate sanitary sewer and water facilities and adequate facilities for disposal of garbage and rubbish. Every tourist park shall be operated in accordance with the applicable statutes and state health department regulations or other applicable regulations. In the event that any provision of this ordinance or any condition of the tourist park license is violated, that license may be revoked by action of the City Council.

608.05 Park Register. Each licensee shall keep current a register of all persons provided accommodations at the tourist park. The register shall include the name and home address of each person, date of arrival, destination, and the brand name and license number of each vehicle.

608.06 Park Maintenance Each licensee shall maintain the tourist park in a safe and sanitary condition so as not to endanger the health or safety of the occupants of the park or the surrounding community.

608.07 Park Inspection. Each licensee shall permit authorized city representatives to inspect the tourist park premises for purposes of determining compliance with the provisions of this section.

608.08 Park Waste Disposal. No person shall deposit any human excreta, trash, garbage, rubbish or other refuse in any tourist park except in suitable places provided for those purposes.

608.09 Tourist Park Recreational Vehicle Site Duration Limit. No recreational vehicle as defined by this ordinance may be placed, parked, kept or maintained in any tourist park licensed under this ordinance for more than ninety days without obtaining a City permit to do so.

608.10 Private Site Permit Required for Recreational Vehicles Not In Tourist Parks. No recreational vehicle as defined by this ordinance may be placed, kept, permitted, allowed or maintained, except in a licensed tourist park unless a City private site permit has been issued for the RV. However, this shall not prohibit storage of non-occupied RV's in accordance with applicable zoning ordinances. A permit issued under this ordinance may be subject to such conditions as are determined by the City Council to be necessary to ensure compliance with this ordinance or other applicable laws or regulations, or to prevent the creation of a public nuisance.

608.11 Private Site Recreational Vehicle Permit Application. Every applicant for a permit under this ordinance shall file with the City Administrator a written application, stating the name of the applicant, proposed location for the recreational vehicle, size of the lot on which it will be placed, description and sizes of other structures or improvements on the lot, the toilet and sanitary facilities provided for the RV, and the number of persons who will occupy it, and distance of the RV from lot lines.

608.12 Private Site Recreational Vehicle Permit Fee. The fee for a Private Site Recreational Vehicle Permit under this ordinance shall be as set forth in Section 210 and shall accompany the application for permit. No permit under this ordinance shall be issued for longer than four months.

608.13 Council Action. Upon receipt of a Private Site Permit Application, the City Council shall determine the condition of sanitation of the recreational Vehicle. The application shall be rejected if the Council finds that the RV does not contain proper and adequate water supply and proper and adequate toilet and sanitary facilities; or, that by reason of said lack of water or sanitary facilities, or proposed location or features of the proposed site or its surroundings, the said RV is likely to become a nuisance to the community or to neighboring properties.

608.14 Inspection of Private Site Recreational Vehicle. Upon the issuance of a permit, the Council shall have the power to require the said recreational vehicle to be inspected from time to time by representatives of the City and a report thereof made to the Council. If the Council determines at any time that the RV has become unsanitary so as to endanger the health of the occupants or of the community or any part of it; or has become a nuisance; or that the applicant has not complied with the conditions of the permit; or that the applicant has moved the RV from the location specified; or that the applicant has made any false statements in said application filed under this ordinance, the Council may revoke the permit for the RV.

Ord. 146, 9/3/96

609. Building Moving (To Top of Page | Back to Ordinance Contents)

609.01 Permit Required. No person shall move a building on or across any street which the city has jurisdiction without first obtaining a permit from the city administrator.

609.02 Application. In addition to the information required by 601.02, each application for a permit to move a building shall show the dimensions and weight of the structure to be moved; the method and equipment to be used; the route to be followed; the time movement will commence; the expected duration and speed of movement; the places of origin and destination.

609.03 Eligibility. No permit shall be issued to any person who does not hold a current building mover's license issued pursuant to Minnesota Statutes 221.81.

609.04 Utilities. Prior to removal of any building, the permittee shall disconnect all water, sewer, steam, and gas service lines. All gas service lines shall be disconnected and plugged at the main. If the public utilities superintendent determines that the water, sewer or steam service line is in satisfactory condition, those lines may be disconnected and plugged at the property line. If the water, sewer or steam service line is not in satisfactory condition, the line shall be disconnected and plugged at the main. All disconnections shall be at the expense of the owner.

609.05 Issuance. No permit shall be issued by the city administrator unless it is approved by the police chief and the street commissioner. No permit shall be issued unless the building and utility service lines have first been inspected. The permit shall be subject to reasonable conditions concerning route, time of day, and safety precautions. Any decision or condition imposed may be appealed to the council by the permittee within fourteen days.

609.06 Violations. Violation of any condition attached to a building moving permit shall constitute a violation of this section.

610. Taxi License (To Top of Page | Back to Ordinance Contents)

610.01 License Required. No person shall engage in the business of carrying passengers for pay, wages, hire, or remuneration in any vehicle without first having obtained a license to do so.

610.02 Application. In addition to the information required by 601.02, each application shall state the number of vehicles to be operated; the license number of each vehicle; and the names and driver's license number of each person who will drive a vehicle for hire.

610.03 Drivers. No person shall serve as the driver of a vehicle for hire who has been convicted of any alcohol-related traffic offense within the prior five years or more than one traffic misdemeanor of any other sort within the previous twelve months. Amended: 6/1/99 Ord. No. 180

610.04 Conditions. The council may impose reasonable additional conditions and requirements upon licensees. Such conditions and requirements may be in the form of an ordinance granting a nonexclusive franchise to operate motor vehicles for hire.

611. Dance Permits (To Top of Page | Back to Ordinance Contents)

611.01 Definitions.

Subdivision 1. Public dancing place, as the term is used in this chapter, shall be taken to mean 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.

Subd. 2. A public dance, as the term is used in these sections, shall be taken to mean any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing and shall include any manner of holding a dance which may be participated in by the public through the payment of money or other compensation, directly or indirectly.

611.02 Permit Required. It shall be unlawful for any person to give, hold, or conduct a public dance unless the owner, lessee or proprietor of the public dancing place, or the person giving the same or in charge thereof, shall first have procured a permit to hold, give, and conduct such public dance as hereinafter provided.

A permit must be procured from the City Administrator's Office. Such permit may be issued for one or more public dances or for a period of time not exceeding one year. The permit shall be issued for such fee and under such conditions as the City Council may prescribe by resolution.

611.03 Application. Application for a dance permit shall be made by filing with the City Administrator, a verified application form setting forth the name, address and telephone number of the persons, committee, or organization who are to give, hold, and conduct the same, the time and place where such public dance is to be held, and the security arrangements which will be used at the dance. The City Administrator shall refer the application to the Chief of Police for investigation and approval before the permit is granted. The application and Chief of Police report shall be presented to the City Council at its next meeting for action. The City Council may either grant or reject the same. In case the same is granted, the City Council shall direct the City Administrator to issue the same upon the payment of any required fee and upon the payment of investigation expenses incurred by the City in reviewing the application. The permit shall specify the names and addresses of the persons or organization to whom issued, the amount paid therefor, and the time and place where the public dance is to be held. The permit shall be posted in a public place in the dance hall described therein during the time the public dance mentioned therein is being given, and the persons named in the permit shall be responsible under the law for the manner in which the public dance is being held and conducted.

611.04 Security for Public Dances. The person and organization to whom such permit is issued shall have security personnel present at every public dance to be given or held thereunder during all the time the public dance is being held as required by the permit. Such security personnel shall be approved by the Chief of Police. In all cases the fees and expenses of such security personnel shall be paid by the person or organization to whom the permit has been issued. The person or organization to whom the permit has been issued shall be responsible for the action of the security personnel.

611.05 Hours. No public dance shall be held or conducted between the hours of 1:00 a.m. and 6:00 a.m., of any day. The City Council may, if they so desire, fix the hours within which public dances may be held, not inconsistent herewith, and shall also have authority, by motion, to regulate or to prohibit the same on Sunday.

611.06 Exceptions.

Subd. 1. No permit shall be required by organizations of Independent School District #22 for dances to be held on school property and under the supervision of school district officials.

Subd. 2. A public dancing place which is licensed as an establishment for the sale of liquor by a regular on-sale, Sunday on-sale, club, or wine license as provided by Chapter 702 is exempt from the permit requirement of this Chapter.

611.07 Revocations of Permit. The City Council may at any time revoke the permit and shall revoke any such permit held by any person convicted of violating any of the provisions of this ordinance.
Ord. No. 37, 9/5/89

612. RENTAL UNIT REGISTRATION (To Top of Page | Back to Ordinance Contents)

612.01 PURPOSE AND FINDINGS

Subdivision 1. The City Council of the City of Detroit Lakes finds that there is a need for periodic municipal inspection of residential rental units in the City to ensure that such units meet City and State safety, health, fire and zoning codes and to promote the public health, safety and welfare of the community at large and the residents of rental units within this City.

Subdivision 2. The City Council of the City of Detroit Lakes finds that a municipal registration program is appropriate to effectively enforce residential rental unit maintenance standards and correct or prevent law violations, nuisances and other disturbances and disorders involving residential rental units within this City.

Subdivision 3. The City Council of the City of Detroit Lakes finds that an effective means of implementing the foregoing findings is registration of all residential rental units within the City and inspection of such units from time to time as determined appropriate in the exercise of discretion by staff and personnel of the City and in response to complaints involving such units.

612.02 DEFINITIONS: For purposes of this Ordinance, the following definitions shall apply:

Subdivision 1. "Rental Unit" or "Residential Rental Unit" means any house, apartment, condominium, townhouse, room, or group of rooms, constituting or located within, a dwelling and forming a single habitable unit.

Subdivision 2. "Dwelling" means any building or other permanent or temporary structure, including a manufactured or mobile home which is wholly or partly used, or intended to be used, for living or sleeping by human occupants.

Subdivision 3. "Rent," "Lease," "Let" or "Sublet" means the leasing of a rental unit to a non-owner for a fixed or non-fixed period of time, and shall include lease to buy, contract for deed, installment sales, purchases, and other similar arrangements whereby nonpayment of a periodic payment means the occupants may be evicted without the necessity of either a statutory mortgage foreclosure procedure, a statutory termination of contract for deed procedure, or a statutory repossession procedure.

Subdivision 4. "Shall" and "must" as used in this Ordinance are each mandatory. "Should" and "may" as used in this Ordinance are each permissive or directory.

Subdivision 5. "Administrator" or "City Administrator" mean the Detroit Lakes City Administrator, or the Deputy Detroit Lakes City Administrator in the absence of the City Administrator, or such person as the City Administrator designates, in writing, to carry out the responsibilities of the City Administrator as provided by this Ordinance.

Subdivision 6. "Registration Holder" means a person or entity to whom registration for a rental unit is issued under this ordinance.

Subdivision 7. "Local Property Manager" means a natural person residing within 30 miles of the City of Detroit Lakes who is authorized by the rental unit owner to make decisions for the owner about rental, occupancy and maintenance of the rental unit.

612.03 REGISTRATION REQUIREMENTS

Subdivision 1. No person or entity may hereafter occupy, allow to be occupied or rent, lease, let or sub-let a rental unit, to another person or entity for occupancy unless that rental unit is registered for occupancy pursuant to a valid and current rental unit registration issued by the Detroit Lakes City Administrator.

Subdivision 2. Each rental unit must have an owner, or Local Property Manager designated by the owner, who resides within 30 miles of the City of Detroit Lakes.

Subdivision 3. Any person or entity desiring to rent, let, lease or sub-let any rental unit shall apply for registration by using forms furnished by the City for that purpose. The forms must provide information required by the City Administrator, including the following:

        A. Name, address, phone number (and FAX number, if owner has one) of the property owner.

        B. Name, address, phone number (and FAX number, if manager has one) of a designated Local Property Manager.

        C. The street address of the rental property.

        D. The number and types of units within the rental property (dwelling units or sleeping rooms).

        E. The maximum number of occupants permitted for each dwelling unit or sleeping room.

        F. The name, phone number, FAX number and address of the person authorized to make, or order, made repairs or services for the property if in violation of City or State codes, if the person is different than the owner or Local Property Manager.

612.04 EXEMPTIONS This Ordinance does not apply to campus dormitory and campus residence units owned, operated or managed by a governmental entity or agency, hospital units or rooms, nursing homes, retirement homes or other similar rental space which is otherwise registered by the State of Minnesota or the City of Detroit Lakes.

612.05 MANNER OF REGISTRATION RENEWAL Registration shall be required each calendar year and may be issued on a calendar year basis prior to January 1 of each successive year. The City will annually mail registration renewal forms to rental unit owners or their designated Local Property Managers on or about October 1 of each year. Registration renewal forms must be delivered to the City Administrator no later than the 15th day of November each year. Failure of the City to mail renewal forms and failure of an owner or Local Property Manager to receive a renewal form, does not excuse or waive the registration required by this Ordinance.

612.06 TRANSFER OF PROPERTY Every new owner of a rental unit, whether fee owner or contract purchaser, shall furnish to the City Administrator the new owner's name, address, phone number and fax number and the name, address, phone number and fax number of the new owner's designated Local Property Manager before taking possession of the rental property upon closing of the transaction. No new registration fee is be required of the new owner during the year in which such possession takes place, provided that the previous owner has paid all registration fees and has complied with all requirements of this Ordinance and any violations of health, zoning, fire or safety codes of the City. If any change in the type of occupancy as originally registered is contemplated by the new owner, a new registration application will be required.

612.07 POSTING OF REGISTRATION Each rental unit registration holder must post the rental unit registration in a conspicuous spot near the front entry to the rental unit in a public corridor, hallway or lobby. Failure to post the registration and keep the registration posted is a misdemeanor, but is not grounds for termination of registration.

612.08 FEES The fees for rental unit registration, registration renewal, late fees and inspection may be set by resolution of the City Council adopted from time to time.

612.09 MAINTENANCE OF RECORDS All records, files and documents pertaining to rental unit registration and rental unit inspections may be maintained by the City Administrator and will be available to the public as allowed, permitted or required by State Law or City Ordinance.

612.10 MAINTENANCE STANDARDS Every rental unit must be maintained in compliance with the building code, dwelling maintenance standards, nuisance ordinance and noise ordinance of the City of Detroit Lakes as set forth in Detroit Lakes City Code Chapters 1004, 1002, 900 and 505, respectively as now in force and hereafter amended, revised or replaced, and in compliance with all other standards, ordinances, laws and regulations governing use, occupancy, construction and maintenance of property and conduct of persons in or on that property.

612.11 INSPECTIONS AND INVESTIGATIONS

Subdivision 1. Fire Department personnel, police officers, the City Health Officer, City Building Inspector, City Administrator and their respective designees and representatives, are hereby authorized to make inspections reasonably necessary to the enforcement of this Ordinance.

Subdivision 2. All persons authorized herein to inspect shall have the authority to enter, at all reasonable times, any rental unit or structure containing a rental unit, registered or required to be registered, for the purpose of enforcing this Ordinance.

Subdivision 3. Written notice of a violation of this ordinance may be given to the Registration Holder by certified mail directed to the address of the Registration Holder as shown by the Administrator's registration application file. Said notice may contain a Compliance Order stating that compliance with this ordinance shall be made immediately and, in that case, the notice shall advise the Registration Holder that the property may be re-inspected in not less than fifteen (15) days, unless extended by the Administrator, based on good cause.

Subdivision 4. A Registration Holder may appeal to the City Administrator the requirements of any Compliance Order by filing a written appeal with the office of the City Administrator no later than ten (10) days after the date of issuance of the compliance order. The City Administrator should schedule a hearing within ten (10) days after filing of the Notice of Appeal. Enforcement of the Compliance Order shall be stayed pending the decision of the City Administrator on the appeal. The City Administrator may reschedule the hearing as the Administrator determines is necessary.

612.12 CONDUCT ON REGISTERED PREMISES

Subdivision 1. It is the responsibility of the Registration Holder to require and ensure that occupants of the registered premises conduct themselves in such a manner as to not cause the premises to be disorderly or to be used, occupied or maintained in violation of law or ordinance. For purposes of this section, a rental unit is disorderly and in violation of law or ordinance when any of the following activities occur in, on or at the registered premises:

        A. Conduct which constitutes a violation of Chapter 900 of the Detroit Lakes City Code relating to nuisances as it now exists or as hereafter amended.

        B. Conduct which constitutes a violation of Detroit Lakes City Code 505, the noise ordinances as it now exists or as hereafter amended.

        C. Conduct which constitutes disorderly conduct in violation of Minnesota Statutes 609.72 as it now exists or as hereafter amended.

        D. Conduct which constitutes a violation of laws relating to possession of controlled substances pursuant to Minnesota Statutes Chapter 152 as it now exists or as hereafter amended.

        E. Conduct which constitutes a violation of any City ordinance or State law relating to minors possessing or consuming alcohol, or relating to providing, furnishing or serving alcohol to minors, or relating to sale of alcoholic beverages.

        F. Conduct which constitutes a violation of State laws or City ordinances relating to prostitution, indecent exposure or acts related to prostitution as defined by State law.

        G. Conduct which constitutes a violation of City ordinances and State laws relating to weapons or fire arms.

        H. Conduct which constitutes a violation of City ordinances or State laws relating to assault, specifically including domestic assaults and criminal sexual conduct.

        I. Conduct which constitutes a violation of ordinances or laws relating to contributing to the need for protection, services or delinquency of a minor as defined in Minnesota Statutes 260.315 as it now exists or as hereafter amended. 

        J. Conduct which constitutes a violation of any other federal, state or local ordinance or regulation and which is reasonably likely to threaten, annoy or harass tenants or visitors to rental units, or to residents, visitors or occupants of neighboring properties.

Subdivision 2. The City Administrator shall administer this section of the Ordinance and may delegate administration to a designee authorized in writing by the City Administrator.

Subdivision 3. If the Administrator determines that a violation of this section has occurred, then the Administrator will give notice of the violation to the Registration Holder and the renters of the rental unit, if known, and will direct that the Registration Holder take steps to prevent further violations.

Subdivision 4. If another violation of this section occurs within ninety (90) days of the incident for which notice was given as provided in Subdivision 3 above, then the City Administrator will give notice of the violation to the Registration Holder and the renters of the rental unit, if known, and will direct that the Registration Holder take steps to prevent further violations. The City Administrator will also, at that time, request that the Registration Holder submit to the City Administrator, within ten (10) days of the City Administrator's mailing of the notice of violation provided in this section, a report itemizing all actions taken by the Registration Holder in response to all notices of violations as to the rental unit within the preceding ninety (90) days.

Subdivision 5. If a third violation of this section occurs within ninety (90) days after the last of any two or more previous violations for which notices were given pursuant to this section, and the Registration Holder has not sufficiently taken action to prevent further violations, then the rental unit registration for the premises may be denied, revoked, suspended or not renewed.

        A. Action to deny, revoke, suspend or not renew a rental unit registration may be initiated by the City Administrator who shall give to the Registration Holder a written notice of hearing before the City Administrator to consider such denial, revocation, suspension or non-renewal.

        B. A notice of intent to deny, revoke, suspend or not renew registration shall specify all violations of this section and shall state the date, time, place and purpose of the hearing provided by this subdivision.

        C. The hearing held pursuant to this subdivision shall occur no later than thirty (30) days after notice.

        D. Following the hearing, the City Administrator may deny, revoke, suspend or not renew registration for all or any part of the registered premises or may grant conditional registration upon such terms and conditions as the Administrator finds necessary to accomplish the purpose of this Ordinance.

Subdivision 6. No adverse registration action may be imposed where the violation of this section occurred during the pendency of unlawful detainer eviction proceedings brought under Minnesota Statute Chapter 566 or within thirty (30) days of notice given by the Registration Holder to a tenant to vacate the premises at which the violation occurred. Unlawful detainer eviction proceedings or a notice to vacate the premises, will not, however, bar adverse registration action unless diligently pursued by the Registration Holder. Action to deny, revoke, suspend or not renew registration for violation of this section may be postponed or dismissed by the City Administrator at any time if it appears to the Administrator that the Registration Holder has taken appropriate remedial action.

Subdivision 7. The standard of proof to be used in determinations by the City Administrator as to conduct constituting violations under this section is a fair preponderance of evidence in support of such a determination. It is not necessary that criminal charges be brought to support a determination of violation of this section or a determination that conduct constituting a violation of this section has occurred. It is necessary, in determining a violation of this section, that law enforcement officers be called to the rental unit in response to a complaint and that a police report and investigation of the same be prepared.

Subdivision 8. For the purpose of this ordinance, a violation under this section includes violations by the rental unit renters or occupants, or by their visitors or guests, in or at the rental unit of the renters or tenants, or in, at or upon its curtilage, including anywhere on the property grounds and premises of an apartment building, home or mobile home park at which the rental unit is situated.

Subdivision 9. Failure of a Registration Holder to respond to notices provided in this section is not, by itself alone, a violation of this Ordinance.

612.13 FAILURE TO GRANT REGISTRATION, REVOCATION, SUSPENSION OR FAILURE TO RENEW REGISTRATION

Subdivision 1. The City reserves the right to not register a rental unit unless it complies with the requirements of this Ordinance.

Subdivision 2. Any registration issued under this Ordinance is subject to the right, which is hereby expressly reserved by the City, to deny, suspend, revoke or not renew the same should the Registration Holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain the rental dwellings contrary to the provisions of this Ordinance or any other ordinance of the City or any special permit issued by the City, or the laws of the State of Minnesota. Provided, however, registration shall not be denied, suspended, revoked or not renewed if the Registration Holder complies with a compliance order or orders in a reasonably timely manner as determined by the City Administrator.

Subdivision 3. The City Administrator shall notify the applicant that registration has been denied, or the Registration Holder that registration is being suspended, revoked or not-renewed. The suspension, revocation or non-renewal shall occur thirty-five (35) days after the date of the notification order, or at such later date as set out in the notification.

Subdivision 4. A determination by the City Administrator to deny, suspend, revoke or not-renew registration of a rental unit may be appealed to the City Council by filing with the City Administrator a written notice of appeal within fifteen (15) days of the date on which the City Administrator mails such determination to the applicant or Registration Holder. In that event, the appeal will be heard by the City Council at its next meeting occurring at least fifteen (15) days after the filing of the Notice of Appeal.

Subdivision 5. At any appeal of a determination by the City Administrator under this Ordinance, the Registration Holder or applicant, Local Property Manager for the Registration Holder or applicant, or an attorney representing them, may appear and make a presentation to the City Council. The City Administrator shall present to the City Council the basis for the determination being appealed. After the hearing, the Council may uphold, reverse or modify the decision of the City Administrator based upon the provisions of this Ordinance and upon the protection of the public health, sanitation, safety or general welfare of the community at large or the residents of rental units within the City. The City Council shall issue written findings and determination within thirty-one (31) days of the hearing, unless the Council extends that time for good cause.

Subdivision 6. A decision of the City Council made as provided in this section may be appealed by Writ of Certiorari to the Court of Appeals of the State of Minnesota pursuant to its Rules of Civil Appellate Procedure.

612.14 SUMMARY ACTION

Subdivision 1. As a condition of receiving rental unit registration, each Registration Holder is presumed to agree and consent that when the conduct of any Registration Holder or Registration Holder's agent, representative, employee or lessee, or the condition of their rental unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator shall have the authority to summarily condemn or close individual rental units or such areas of the rental dwelling as the Administrator deems necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall describe the units or areas affected. No person shall remove the posted notice, other than the Fire Marshall, City Administrator, or their designated representative. Any person aggrieved by the decision or the action of the City Administrator or Fire Marshall set out in this Subdivision, may appeal the decision following the procedures set out in this Ordinance. The hearing shall be conducted in the same manner as provided in this Ordinance, however, the date of the hearing may be expedited with the consent of the Registration Holder.

Subdivision 2. The decision of the City Administrator set forth in this Subdivision is not voided by the filing of such appeal. Only after the hearing by the City Council has been held will the decision or action of the City Administrator be affected.

612.15 APPLICABLE LAWS Registration Holders are subject to all of the ordinances of the City and State of Minnesota relating to rental dwellings, and this Ordinance shall not be construed or interpreted to supersede or limit any other applicable ordinance or law.

612.16 VIOLATIONS, INJUNCTIVE RELIEF

Subdivision 1. Nothing in this Ordinance prevents the City from taking enforcement action under any of its fire, housing, zoning, health safety or other codes, ordinances and State laws for violations thereof, or to seek injunctive relief and criminal prosecution for violations of any ordinance, code or law. Nothing contained in this Ordinance prevents the City from seeking injunctive relief against a property owner or designated property manger who fails to comply with the terms and conditions of this Ordinance or to obtain an order closing such rental units until violations of this particular Ordinance have been remedied by the property owner or designated property manager.

Subdivision 2. Violation of this Ordinance is a misdemeanor. Each separate day on which a continuing violation occurs is a separate violation.

612.17 WRITTEN NOTICES Notices from the City required by this ordinance shall be effective if personally delivered or if mailed to the addressee by certified mail, return receipt requested, to the address shown in the City file pertaining to the rental unit involved in the notice.

612.18 EFFECTIVE DATE This Ordinance is effective upon its adoption pursuant to the Detroit Lakes City Charter. Provided, however, that the initial registration provisions of this Ordinance do not become effective until August 1, 1996 to allow rental unit owners to complete the process of registration. The initial registration covers a period of time from the date of issue through December 31, 1997.

612.19 SEVERABILITY CLAUSE If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect validity of the remaining portions of this Ordinance.

613. Adult Uses (To Top of Page | Back to Ordinance Contents)

613.01. Preamble. The findings of the City Council of the City of Detroit Lakes set forth in Section 500.51, 3A.02 of the Detroit Lakes City Code are hereby adopted as part of this Ordinance.

613.02 Conclusions. Based upon the foregoing findings, the City Council of the City of Detroit Lakes, Minnesota concludes that:

        a. the City has real and substantial responsibilities for preservation and promotion of public health, safety and welfare in the City;

        b. it is in the best interests of the public health, safety and general welfare of the people of the City of Detroit Lakes that this Ordinance be enacted.

613.03 Definitions adopted by reference. For the purpose of this Ordinance, the definitions set forth in Section 501.51, 3A.04 as they now exist or are hereafter amended are adopted and incorporated as part of this Ordinance.

613.04 Definitions specific to this Ordinance. For the purpose of this Ordinance, the following terms shall have the following definitions:

    1. Booths, Stalls or Partitioned Portions of a Room or Individual Room shall mean:

        a. enclosures specifically offered to persons for a fee or as an incident to performing high-risk sexual conduct; or

        b. enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee.

The phrase Abooths, stalls, or partitioned portions of a room or individual rooms@ does not mean enclosures which are private offices used by the owners, managers or persons employed by the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees.

    2. Clean - the absence of dirt, grease, rubbish, garbage, semen, body secretions and other offensive, unsightly or extraneous matter.

    3. Doors, Curtains or Portal Partitions - full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure.

    4. Good Repair - Free or corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition.

    5. Health Inspectors - Inspectors, including building inspectors, fire inspectors, fire marshals, and health officers, whether employed or appointed by the City of Detroit Lakes or other governmental entity having authority within the City of Detroit Lakes, and their designees, representatives or agents, if any.

    6. Issuing Authority - the City Council of the City of Detroit Lakes.

    7. Open to an Adjacent Public Room so that the Area Inside is Visible to Persons in the Adjacent Public Room - Either the absence of any entire Adoor@, curtain or portal partition@ or a door or other device which is made of clear, transparent material such as glass, plexi-glass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure.

    8. Person - one or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the State; or any other business organization, enterprise or establishment whether operated for profit or not.

613.05 License Required. No person shall own or operate a sexually-oriented business within the City unless such person is currently licensed under this Code.

612.06 License Application. The application for a license under this Code shall be made on a form supplied by the City Administrator and shall request the following information:

Subdivision 1. For all applicants:

        a. Whether the applicant is a natural person, corporation, partnership or other form of organization.

        b. The legal description of the premises to be licensed, along with a floor plan of the premises. The floor plan of the premises shall detail all internal operations and activities, including a statement of the total floor space occupied by the business. The floor plan need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

        c. The name and street address of the business. If the business is to be conducted under a designation, name or style other than the name of the applicant, a certified copy of the certificate required by Minnesota Statues, Section 33.01 shall be submitted.

Subd. 2 If the applicant is a natural person:

        a. The name, place and date of birth, street and city address and phone number of the applicant.

        b. Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used.

        c. The street and city address at which the applicant has lived during the preceding two (2) years.

        d. The type, name and location of every business or I in which the applicant has been engaged during the preceding two (2) years and the name(s) and address(e) of the applicant's employer(s) and partner(s), if any, for the preceding two (2) years.

        e. Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a petty misdemeanor or traffic ordinance. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had.

Subd. 3 If the applicant is a partnership:

        a. The name(s) and address(e) of all general partners and all of the information concerning each general partner that is required of applicants in sub-part (2) of this Section.

        b. The names(s) of the managing partner(s) and the interest of each partner in the business.

        c. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Chapter 333, a copy of such certificate shall be attached to the application.

Subd. 4 If the applicant is a corporation or other organization:

        a. The name of the corporation or business form, and if incorporated, the state of incorporation.

        b. A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement and By-laws shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Chapter 303, shall be attached.

        c. The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all of the information concerning each manager, proprietor, or agent that is required of applicants in sub-part (2) of this Section.

613.07. Application Execution. 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.

613.08. Application Verification. Applications for licenses under this Article shall be submitted to the City Administrator. Within sixty (60) calendar days after receipt of a completed application form by the City Administrator, the City Administrator shall verify all information requested of the applicant in the application, including obtaining criminal background checks, and with the assistance of the police department, health officer, building inspector and any other appropriate personnel, shall conduct any necessary investigation to assure compliance with this ordinance.

613.09. Application Consideration. At the next regularly scheduled meeting of the City Council following completion of the application verification as provided in this ordinance, the application and any investigation and recommendations shall be presented to the City Council for determination of whether the application and investigation are sufficient. Upon review by the City Council, the Council may direct that the City Administrator conduct further investigations to be returned to the City Council at its next regularly scheduled meeting. If the City Council finds that the application has been verified by the City Administrator and that any necessary investigation is complete, the Council shall schedule a public hearing to be held at its next regularly scheduled meeting for the purpose of considering whether a license should be issued to the applicant. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises by the city building inspector. During the application consideration process described herein, an applicant operating a business not previously subject to the license provisions of this ordinance, may continue operating pending the outcome of the application.

613.10. Renewal Application.

613.11 Fees.

Subdivision 1. License Fee.

    a. The fee for the license provided in this ordinance shall be $1000.00. The unused portion of any license fee may, in the discretion of the City Council, be refunded if the business for which the license fee is paid ceases operation.

    b. The license fee shall be paid in full at the time an application for license is submitted to the City. All license fees paid to the City Administrator deposited into the general fund of the City. Upon rejection of any application for a license, upon withdrawal of application prior to approval by the City Council or City Administrator as provided by this ordinance, the license fee shall be refunded to the applicant.

     c. When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety (90) days after approval of the license by the issuing authority or upon the date an occupancy permit is issued for the building.

Subd. 2. Investigation Fee

    a. An applicant for any license under this ordinance shall deposit with the City Administrator, at the time an original application is submitted, $500.00 to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this ordinance.

    b. An applicant for any license renewal under this ordinance shall deposit with the City Administrator, at the time the renewal application is submitted, $250.00 to cover the costs involved in verifying the license renewal application and to cover the expense of any investigation needed to assure compliance with this ordinance.

    c. Investigation fees for original licenses or renewal licenses shall be non-refundable.

613.12. Persons and Locations Ineligible for a License.

Subdivision 1. A license under this Ordinance shall not be issued if one (1) or more of the following conditions exist:

    a. The applicant is a minor at the time the application is submitted.

    b. The applicant failed to supply all of the information requested on the license application;

    c. The applicant gives false, fraudulent or untruthful information on the license application;

    d. The applicant has had a sexually-oriented license revoked within a one (1) year period immediately preceding the date the application was submitted;

    e. The applicant has had a conviction of a felony or gross misdemeanor or misdemeanor relating to sex offenses, obscenity offenses, or adult uses in the past five (5) years;

    f. The sexually-oriented business does not meet all of the zoning requirements prescribed in the Detroit Lakes City Code, including Ordinance 500.51 as it presently exists or is hereafter amended or replaced;

    g. The premises to be licensed as a sexually-oriented business is currently licensed by the City as a tanning facility, tattoo establishment, pawnshop, therapeutic massage enterprise, or an establishment licensed to sell alcoholic beverages;

    h. The applicant has not paid the license and investigation fees required by this Ordinance;

    I. The premises to be licensed are not a compact and contiguous space within the confines of a building.

613.13. General License Restrictions.

Subdivision 1. Posting of License. A license issued under this Ordinance must be posted in a conspicuous place in the premises for which it used.

Subd. 2. Effect of License. A license issued under this Ordinance is only effective for the compact and contiguous space specified in the approved license application.

Subd. 3. Maintenance of Order. A licensee under this Ordinance shall be responsible for the conduct of the business being operated and shall not allow any illegal activity to take place on or near the licensed premises, including but not limited to prostitution, public indecency, indecent exposure, disorderly conduct, or the sale or use of illegal drugs. Every act or omission by an employee or independent contractor of the licensee constituting a violation of this Ordinance shall be deemed the act or omission of the licensee if such act or omission occurs either with the authorization, knowledge, or approval of the licensee, or as a result of the licensee's negligent failure to supervise the employee's or independent contractor's conduct.

Subd. 4. Distance Requirement for Live Adult Entertainment. All performers, dances and persons providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas in the licensed facility or in areas adjoining the licensed facility where such entertainment can be seen by patrons of the licensed facility shall remain at all times a minimum distance of ten (10) feet from all patrons, customers or spectators and shall dance or provide such entertainment on a platform intended for that purpose, which shall be raised at least two (2) feet from the level of the floor on which patrons or spectators are located.

Subd. 5. Interaction with Patrons. No dancer, performer or person providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas in the licensed facility or in areas adjoining the licensed facility where the entertainment can be seen by patrons of the licensed facility shall fondle or caress any spectator or patron.

Subd. 6. Gratuity Prohibition. No customers, spectator or patron of a licensed facility shall directly pay or give any gratuity to any dancer or performer and no dancer or performer shall solicit any pay or gratuity from any patron or spectator.

Subd. 7. Adult Car Wash Requirements. Sexually-oriented businesses that are adult car washes shall meet the requirements of the Detroit Lakes City Code, including Ordinance 500.51 as it presently exists or is hereafter amended or replaced, and shall not allow agents, employees, independent contractors, customers or persons on the licensed premises to violate the Detroit Lakes City Code.

613.14. Restrictions Regarding License Transfer.

Subdivision 1. The license granted under this Code is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the original application.

Subd. 2. When a sexually-oriented business licensed under this Code is sold or transferred, the existing licensee shall immediately notify the issuing authority of the sale or transfer. If the new owner or operator is to continue operating the sexually-oriented business, the new owner or operator must immediately apply for a license under this Code.

613.15 Restrictions Regarding Hours of Operations.

A licensee shall not be open for business to the public or for private functions before 9:00 a.m. nor after 11:00 p.m., Monday through Sunday.

613.16 Restrictions Regarding Minors.

No licensee shall allow minors to enter the licensed premises. The licensee shall request proof of age of all persons the licensee believes to be under the age of eighteen (18) years. Proof of age may be established only by: a valid driver's license or identification card issued by Minnesota, another state; or a province of Canada, and including the photographs and date of birth of the licensed person; a valid military identification card issued by the United States Department of Defense; or in the case of a foreign national from a nation other than Canada, a valid passport.

613.17 Restrictions Regarding Sanitation and Health.

Subd. 1. Partitions Facilitating Sexual Activity.

A licensee under this Code shall not allow any partition between a subdivision, portion, or part of the licensed premises having any aperture which is designed or constructed to facilitate sexual intercourse, sodomy or fondling or other erotic touching of human genitals, pubic region or pubic hair, buttocks, or female breast between persons on either side of the partition.

Subd. 2. Restrictions on Booth, Stalls and Partitions. A licensee under this Code shall not allow or have on the licensed premises or adjoining areas any booths, stalls or partitions used for the viewing of motion pictures or other forms of entertainment that have doors, curtains or portal partitions, unless such booths, stalls or partitions have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms. Seating or reclining surfaces inside any booths, stalls or partitions used for the viewing of motion pictures or other forms of entertainment including, but not limited to live entertainment shall be prohibited.

Subd. 3. Authority of Health Inspectors. The City Administrator, building inspectors, police officers and health officers shall have the authority to inspect or cause to be inspected the licensed premises and adjoining areas in order to ascertain the source of infection or reduce the spread of communicable diseases. Such officials shall have the authority to issue appropriate orders to the licensee regarding health and sanitation.

Subd. 4. Limitation on Number of Persons in Partitioned Areas. Any booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment including, but not limited to, live entertainment shall not be occupied by more than one (1) person at a time.

Subd. 5. Adult Sauna Regulations. Adult saunas shall comply with the following health requirements:

    a. All steam rooms and bathrooms shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor-to-wall and wall-to-wall joints shall be constructed to provide a sanitary cover with a minimum radius of one inch.

    b. The rest rooms shall be provided with mechanical ventilation with two (2) cm per square foot of floor area; a minimum of 15-foot candles of illumination; a hand washing sink equipped with hot and cold running water under pressure; and a sanitary towel dispenser.

    c. Floors, walls, ceilings, water closets, hand washing sinks, and urinals shall be in good repair and maintained in a clean sanitary condition at all times. Sanitary hand cleaning agents, sanitary towels, and toilet tissue shall be provided at all times.

    d. Adequate refuse receptacles shall be provided and shall be emptied as required.

Subd. 6. General Sanitation Requirements. All sexually-oriented businesses shall at all times be kept clean as defined herein and in state of good repair as defined herein.

Subd. 7. Duty to Supervise. The licensee shall not permit specified sexual activities as defined herein to take place on the premises and shall have an affirmative duty to supervise the licensed premises and prevent such activities.

613.18 Civil Sanctions for License Violations.

Subdivision 1. Suspension. The City Council may suspend a licensefor up to ninety (90) days if the City Council determined that a licensee has:

    a. violated or not in compliance with any provisions of this Ordinance or other provisions of the Detroit Lakes City Code; or

    b. knowingly permitted gambling by any person on the licensed premises.

Subd. 2. Revocation. The City Council may revoke a license if the City Council determines that:

    a. the licensee's license was suspended in the preceding fourteen (14) months and an additional cause for suspension as detailed in (a) above is found by the City Council to have occurred within the fourteen (14) month period;

    b. the licensee gave false or misleading information in the material submitted to the City during the application process;

    c. a licensee or an employee or independent contractor of the licensee has knowingly allowed possession, use or sale of controlled substances on the premises;

    d. a licensee or an employee or independent contractor has knowing allowed prostitution on the premises;

    e. a licensee violated any of the provisions of Minnesota Statutes Section 617.241-617.299 relating to the illegal distribution, possession or sale of obscene materials;

    f. a licensee or employee knowing operated the sexually-oriented business during a period of time when the licensee's license was suspended;

    g. a licensee has been convicted of an offense listed in Section 612.09 of the Detroit Lakes City Code for which the time period required has not elapsed;

    h. on two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 508.09 of the Detroit Lakes City Code for which a conviction has been obtained, and the person or persons were employees or independent contractors of the licensee at the time the offenses were committed:

    I. a licensee or an employee or independent contractor of the licensee has knowingly allowed specified sexual activities to occur in or on the licensed premises; or

    j. a licensee is delinquent in payment to the City, County, State or Federal Governments for hotel occupancy taxes, ad valorem taxes, sales taxes, or other financial obligations.

Subd. 3. Hearing Procedures. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent addresses listed on the application and shall be effective upon mailing by certified mail, return receipt requested.

613.19 Criminal Penalty.

A violation of this article shall be a misdemeanor under the Minnesota law.

613.20 Severability.

If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words be declared invalid.

614.01 PURPOSE.

 Subd.  1.  The City Council of the City of Detroit Lakes intends to regulate assemblies of large numbers of people for the protection of the health, safety and welfare of residents and visitors.

 Subd.  2.  All sections and provisions of this Ordinance have an independent existence.  Any section or provision declared invalid or unconstitutional by a court of competent jurisdiction shall be severable from, and shall not affect the validity of, the remainder of the Ordinance.

614.02 DEFINITIONS.  The following terms when used in this Ordinance have the following definitions:

Subd. 1.  "Administrator" means the City Administrator or designee of the City Administrator.

  Subd. 2.  "Assembly" means persons gathered at a location for any purpose whether in conjunction with an established bonafide business or not, but not including the normal activities of a business

Subd. 3.  "Public Gathering" means an actual or reasonably anticipated Assembly of 100 or more persons that exists, is planned to exist, or can be reasonably anticipated to exist, for three continuous hours or more.

Subd.  4.  "Person" means any individual natural human being, partnership, corporation, firm, company, association, society, group or other entity.

614.03 PUBLIC GATHERING LICENSE REQUIRED.

Subd.  1. No Public Gathering shall be held except as authorized by license under this ordinance unless specifically excepted from licensing by this ordinance.

Subd.  2. Licenses for Public Gatherings of 100 through 200 people may be approved and issued by the City Administrator.

Subd.  3. Licenses for Public Gatherings of more than 200 people must be approved by the City Council and issued by the City Administrator.   

Subd.  4. Application for a license must be made at least 30 days in advance of the Public Gathering. 

Subd.  5. A license shall permit any person to engage in lawful activity at a Public Gathering.

Subd.  6.  The fee for a Public Gathering License shall be established by City Council Resolution.  

614.04 EXCEPTIONS.  This Ordinance does not apply to:

 A.                 events conducted within the licensed premises of a licensed liquor establishment when an Assembly does not exceed the maximum legal capacity of the structure or premises in which the assembly is gathered;

B.                 a regularly established and permanent place of worship, school activity, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established place of assembly when an Assembly does not exceed the maximum legal capacity of the structure in which the Assembly is gathered;

C.                 events held in the Becker County Fair Grounds as a part of the Becker County Fair; or

D.                 activities conducted with prior approval of the City on property owned or controlled by the City; however, when granting the approval, the City shall establish appropriate conditions to assure compliance with the intent of the Ordinance.

614.05 CONDITIONS FOR ISSUING LICENSES.  Before a license may be issued, the applicant must comply with the following conditions.

Subd.  1.  Determine the estimated maximum number of people who will gather at or be admitted to the location of the Assembly.  This maximum number must not exceed the largest number of people reasonably expected to gather at the location of the assembly considering the nature of the assembly.

Subd.  2.  Provide a detailed plan for the operation and conduct of the assembly, which shall meet the following minimum requirements:

(a)    Sufficient parking shall be provided for the estimated maximum number of people to be assembled.

(b)   Sufficient precautions shall be taken to assure that the sound of the Public Gathering will not carry unreasonably beyond the property boundaries of the location of the assembly. 

                   (c)   The City hereby adopts and incorporates by reference                             the regulations of the Minnesota Pollution Control Agency,           Noise Pollution Control Section dated November 27, 1974 and Amendments thereafter.  Sound from the licensed activity, which exceeds the standards set for the protection of household or residential units, is prohibited.

 Subd.  3.  Submit, with the Application for License, certified copies of all necessary Minnesota State licenses and permits. 

Subd.  4.  Submit an acceptable and complete Application as required by this ordinance.

614.06 APPLICATION.

Subd.  1.  The Application for a Public Gathering License shall be in writing and delivered to the Administrator's Office at least 30 days before the proposed Public Gathering.

Subd.  2.  The Application shall contain a statement made upon oath or affirmation that the statements and information contained therein are true and correct to the best knowledge of the Applicant and shall be signed and sworn to or affirmed or reaffirmed by the individual making application in the case of a corporation, by all partners in the case of a partnership or by all officers of an unincorporated association, society or group, or, if there are no officers, by all members of such association, society, or group.

Subd.  3.  The Application shall include and disclose the following information:

(a)    Name, residence, and mailing address of all persons required to sign the application as provided above.

(b)    The Applicant's plan to meet the Conditions set forth above.

(c)    The address and legal description of all property upon which the Assembly will occur together with the name, residence, and mailing address of the record owner (s) of all such property.

(d)   Proof of ownership of all property upon which the Assembly is to be held or a statement made upon oath or affirmation by the record owner (s) of all such property that the applicant has permission to use such property.

(e)    The nature or purpose of the Assembly.

(f)     The total number of days and/or hours during which the Assembly is to last.

(g)    The maximum number of persons that the Applicant shall permit to assemble at any time, not to exceed the maximum number which can reasonably assemble at the location of the Assembly, in consideration of the nature of the assembly.

(h)    The maximum number of tickets to be sold, if any.

(i)      Plans of the Applicant to limit the maximum number of people permitted to assemble.

(j)     Plans for fencing the location of the Assembly, if necessary, and the location of gates contained in such fence.

(k)   Plans for parking vehicles including size and location of lots, points of highway assess and interior roads including routes between highway access and parking lots.

(l)      Plans for any security, if any, including the number of guards, their deployment, and their names, addresses, credentials and hours of availability.

(m)  Plans for sound control and sound amplification, if any, including number, location, and power of amplifiers and speakers.

(n)    Plans for food concessions and concessionaires who will be allowed to operate on the grounds including the names and addresses of all concessionaires and their license or permit numbers.

(o)   Plans for the direction and control of pedestrians and vehicle traffic for safety and to prevent trespass on adjoining properties.

(p)   Plans for area traffic control for egress from and exit onto public roads or highways.

(q)   The plans for the prevention and clean up of liter and waste.

(r)     Disclose whether the Applicant or any signer of the application has been charged with or convicted of any civil or criminal offense arising out of a Public Gathering.

(s)    Disclose whether the Applicant, or any signer of an application, has been denied a permit or license for a Public Gathering of any type, and state fully the details of that denial.

Subd.  4.  The application shall include a non-refundable license fee.

Subd.  5.  The City Administrator shall refer the application to the Chief of Police for investigation and approval before the permit is granted.

614.07 ISSUANCE.  The Application shall be processed within 30 days of receipt and shall be issued if all conditions are complied with, provided that:

Subd.  1.  The City may deny an License to any Applicant if the Application fails to adequately provide for the conduct of the Assembly in a safe manner and healthy manner, or otherwise fails to provide for the health, safety, and welfare of the persons attending or expected to attend the Public Gathering, or for the residents or visitors to the City, or to adequately assure that the Public Gathering will not be or otherwise create a public nuisance.

Subd.  2.  The City may deny a License if an Applicant or any signer of an Application has:

A.       had a Public Gathering License or similar license revoked or suspended within the previous 5 years.

B.       committed any civil or criminal violation arising out of a Public Gathering or similar event within the previous 5 years.

Subd.  3.  The City may deny a license if an Application fails to assure that the Public Gathering will not be or result in a public nuisance.

614.08 REVOCATION.

Subd.  1.  The City may revoke the license at any time if any of the conditions necessary for the issuing of or contained in the license are not complied with or if any condition previously met ceases to be complied with. Subd.  4.  Each License issued under this ordinance is subject to the authority of the City's Chief of Police, or the Chief's designee, to order immediate suspension of such License when the Chief or the Chief's designee determines that suspension is reasonably necessary to protect the safety or welfare of any resident or visitor to the City.  In case of such a suspension, a License Holder may request that the City Council conduct a prompt emergency review of the Chief's suspension.

614.09 VIOLATIONS.

 Subd.  1.  No person may permit, maintain, promote, conduct, advertise, act as entrepreneur for, undertake, organize, manage, sells or gives tickets to a Public Gathering whether on public or private property without first obtaining the Public Gathering License provided by this ordinance.

 Subd.  2.  No Public Gathering may be held without the license provided by this ordinance.

Subd.  3. No person shall remain at an unlicensed Public Gathering after being ordered by a law enforcement officer to disperse from the site of the Public Gathering.

Subd.  5.   A Public Gathering licensee shall not sell tickets to, nor permit at the licensed location, more than the maximum number of people authorized by the license.

Subd.  6.  The licensee shall not permit sound generated by the assembly to carry unreasonably beyond the property boundaries of the location of the assembly.

Subd.  7.  The licensee shall not permit the patrons to remain upon the licensed location later than the time set in the license.

Subd.  8.  The licensee shall not permit the Public Gathering to exceed the PCA noise standards set forth above.

614.10 ENFORCEMENT.

Subd.  1.  The provisions of this Ordinance may be enforced by injunction in any court of competent jurisdiction.

Subd.  2.  The holding of an assembly in violation of any provision or condition contained in this Ordinance shall be deemed a public nuisance and may be abated as such.

Subd.  3.  Any violation of this Ordinance within the City of Detroit Lakes, shall be a misdemeanor.  Each separate day of violation shall be considered a separate offense.

614.11 VARIANCES.  By a 3/5 vote, the City Council may grant a variance from the strict application of the conditions of this ordinance where the variance does not deter from the intent and purpose of this Ordinance.

614.12 EFFECTIVE DATE.  This Ordinance shall be in full force and effect from and after its passage and publication according to law.

(Added:  12/07/99 Ord. No. 192)

615. Regulation of Fireworks (To Top of Page | Back to Ordinance Contents)

615.01  Illegal Fireworks Prohibited.  Except as otherwise provided by Minn. Stat. Sections 624.20 to 624.25, no person shall offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use or explode any fireworks, as that term is defined in Minn. Stat. Section 624.20, Subd. 1.

 615.02  Legal Fireworks. The term "Legal Fireworks" in this chapter means those items excluded by Minn. Stat. 624.20 Subd. 1(c) from the term "fireworks" as defined in Minn. Stat. 624.20.

 615.03 License Required for Legal Fireworks. No person or entity shall offer for sale, expose or display for sale, sell at retail or wholesale, or advertise for the sale of any Legal Fireworks unless without first obtaining a license to do so from the City issued in the manner set forth hereafter and unless such person or entity complies with this chapter and the terms and conditions of that license.

 615.04  Application for Legal Fireworks License. 

 Subd. 1.  Each applicant for a Legal Fireworks License must file a written and signed application with the City Administrator together with the license fee required by the City.

Subd. 2 The application for a permit license to sell Legal Fireworks shall contain the following information:

(a)       name, address, and telephone number of applicant;

(b)       name, address and telephone number of the premises at which the Legal Fireworks will be sold;

(c)        type of Legal Fireworks to be stored at the licensed site;

(d)       estimated maximum quantity of Legal Fireworks that will be stored on the licensed premises;

(e)       a statement that the applicant understands that persons selling and buying Legal Fireworks must be at least 18 years old; and

(f)         a statement that the applicant understands what constitutes Legal Fireworks under the City Code and what fireworks are illegal under state law.

 615.05 Processing Application. 

 Subd. 1.  City Administration will refer the application to the Fire Department for property inspection and fire code compliance; to the Planning Department for zoning compliance review; and to the Police Department for review of compliance with state and local laws.

Subd. 2.  The City Administrator shall issue a license to the applicant if the Planning Department approves zoning compliance, the Fire Department approves fire code compliance, the Police Department approves law compliance and the other conditions of this chapter are satisfied. The City will notify the applicant in writing if the application is denied. 

Subd. 3.  The applicant may appeal a denial to the City Council by filing a written notice of appeal with the City Administrator within 10 days of the date of the notice of denial.

615.06 Conditions of License. 

            Subd 1.  The license under this chapter shall be issued subject to all of the following conditions:

                       (a)       The license is nontransferable, either to a different person or location;

           (b)        The license must be publicly displayed on the licensed premises;

                        (c)        The premises are subject to inspection by City employees including Police, Fire and code
                                     enforcement officials, during normal business hours;

(d)       The sale of Legal Fireworks must comply with all zoning ordinance requirements including sign regulations; and

            (e)        The premises must be and remain in compliance with the State Building Code, State Fire Code, applicable State Laws and Administrative Rules, and local ordinances.

 615.07  License Period. Licenses shall be issued for a calendar year

 615.08  License Fee. License fees shall be established by City Council resolution as set forth in Part 210 Fees. Fees shall not be prorated.

 615.08  Revocation of License.  Following written notice and an opportunity for a hearing, the City Council may revoke a license for violation of this section or state law concerning the sale, use or possession of fireworks.  If the violation poses an imminent threat to the public health and safety, the Fire Chief or his/her designee may immediately suspend the license pending hearing and decision on revocation by the City Council.  If a license is revoked, neither the applicant nor the licensed premises may obtain another license for twelve (12) months. 

 Added:  05/04/04, Ord. No. 252