HomeMy WebLinkAbout2014-22 Amending Chapters 2 and 24 ORDINANCE NO. 2014-22
AN ORDINANCE AMENDING CHAPTERS 4 AND 24
OF THE EDINA CITY CODE CONCERNING ALCOHOLIC BEVERAGES
AND CONDUCT IN PARKS, STREET, SIDEWALKS, AND
PUBLICLY OWNED PROPERTY
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. Section 4-34, subsection (c) of the Edina City Code is amended to read as follows:
(c) On-sale 3.2 percent malt liquor licenses. In addition to the requirements of
subsection (a) of this section, no on-sale 3.2 percent malt liquor license shall be granted
for establishments other than:
(1) Private clubs which have been incorporated for more than ten years and which own
and operate clubhouses for their members in which the serving of such liquor is
incidental to and not the major purpose of such club:
(2) Restaurants;
(3) Golf courses;
(4) The Edina Golf Dome;
(5) Bowling centers; and
(6) Hotels.
The provisions of this subsection do not apply to temporary on-sale 3.2 percent malt
liquor licenses.
Section 2. Section 4-34, subsection (d) of the Edina City Code is amended to read as follows:
(d) Wine licenses. In addition to the requirements of subsection (a) of this section, no
wine license shall be granted to any establishment other than a restaurant located in the
PCD-1, PCD-2, PCD-3 subdistricts, the mixed development district, the planned office
district, the planned office district or for a restaurant on a golf course.
Section 3. Section 4-34, subsection (e) of the Edina City Code is amended to read as follows:
(e) On-sale intoxicating liquor licenses. In addition to the requirements of
subsection (a) of this section, no on-sale intoxicating liquor license shall be granted to
any establishment other than a restaurant or hotel located in the PCD-2, PCD-3, POD-
2 subdistricts. the mixed development district, or on a golf-course.
175047v2
Ordinance No. 2014-22
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Section 4. Section 24-254 of the Edina City Code is amended to provide as follows:
Sec. 24-254. Conduct in parks, streets, sidewalks, and publicly owned property.
No person, in any park, street, sidewalk or publicly owned property shall:
(1) Cut, break, scratch, mark or in any way injure or deface or remove any building, fence,
post, pump, lamp, flagpole, construction work, improvement, facility or any other structure or
property.
(2) Post, paste, fasten, paint or affix any placard, bill, notice or sign upon any motor vehicle,
structure, pole, tree, stone, fence, thing or enclosure, unless first authorized in writing by the
city.
(3) Pick or cut any wild or cultivated flower, or cut, break or in any way injure or deface
any tree, shrub or plant, provided that a property owner may prune trees and shrubs on the
street right-of-way adjoining his property subject to the permission of the park director.
(4) Remove any wild flower, tree, shrub, plant, branch or portion thereof, or any soil or
other material without the approval of the park director.
(5) Go on foot or otherwise upon grass or turf where a prohibitory sign is posted.
(6) Throw or cast any stone or other object, or aim or discharge any air gun, sling shot or
other weapon except according to the rules of a game or recreation permitted in writing by the
city.
(7) Deposit, place or leave any paper, rubbish, waste, cans, bottles or refuse of any kind
except in receptacles provided for the collection of waste.
(8) Deposit, place or leave in publicly owned waste receptacles refuse generated from
normal household or business activities.
(9) Start or maintain any fire except small fires made by picnic parties in those locations in
parks designated for that purpose by the city.
(10) Abandon any fire made pursuant to subsection (9) of this section without completely
extinguishing the fire and depositing the ashes or coals from such fire, after they have cooled
sufficiently, in receptacles provided for waste.
(1 1) Perform acts prohibited by article II of chapter 22.
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Ordinance No. 2014-22
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(12) Set, lay or prepare or use any trap, snare, artificial light, net bird line, ferret, hawk or
any contrivance or device whatever for the purpose of catching, taking or killing any bird or wild
creature. The prohibition in this subsection shall not apply to trapping by any means or methods
done by the city, or done under its direction, or done by any other governmental agency or
department with the written permission of the city manager, or done by any person with a valid
trapping license issued by the state and with the written permission of the city manager. All
trapping shall be done in accordance with state law.
(13) Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the manager.
(14) Consume intoxicating or nonintoxicating malt liquor, wine or intoxicating liquor, as
defined in chapter 4, except that:
a. 3.2 percent malt liquor, intoxicating malt liquor and wine which is dispensed by
the city or by an authorized agent of the city may be consumed subject to other
applicable provisions of this Code and subject to the rules and regulations of the park
director pursuant to section 24-258 in the following places:
I. Inside the clubhouse building or on decks, patios and other outdoor
dining areas which are adjacent to the clubhouse building at Braemar Golf
Course and at Fred Richards Park.
2. Inside the Edinborough Park building, the Centennial Lakes Park
Centrum building, the building at Arneson Acres Park, the Edina Art Center
Building, the Edina Senior Center and on decks, patios and other outdoor dining
areas which are adjacent to such buildings.
b. 3.2 percent malt liquor which is dispensed by the city or by an agent of the city
pursuant to a temporary on-sale 3.2 percent malt liquor license issued in accordance
with chapter 4 may be consumed subject to other applicable provisions of this Code and
subject to the rules and regulations of the park director pursuant to section 24-258
within the confines of the ball field complex at Van Valkenburg Park.
C. 3.2 percent malt liquor, wine and intoxicating malt liquor which is dispensed by
the city or by an agent of the city at an on-sale dispensary authorized pursuant to
section 4-2 may be consumed subject to other applicable provisions of this Code and
subject to the rules and regulations of the park director pursuant to section 24-258 on
the grounds of Braemar Golf Course. 3.2 percent malt liquor which is dispensed by the
city or by an agent of the city at an on-sale dispensary authorized pursuant to section 4-
2 may be consumed subject to other applicable provisions of this Code and subject to
179232v1
Ordinance No. 2014-22
Page 4
the rules and regulations of the park director pursuant to section 24-258 on the
grounds of Fred Richards Park .
d. 3.2 percent malt liquor, intoxicating malt liquor and wine may be consumed at
sidewalk cafes which are licensed in accordance with chapter 4 and which are
authorized by a permit issued pursuant to section 24-313.
e. Alcoholic beverages may be consumed on premises holding a temporary on-
sale 3.2 percent malt liquor license or a temporary on-sale intoxicating liquor license
issued pursuant to chapter 4, or a caterer's permit issued by the commissioner of public
safety and which are authorized by a permit issued pursuant to section 24-346.
(15) Destroy, injure or tamper with any sewer, storm sewer, water main, culvert or any part
thereof, including manhole covers, tanks or valves.
(16) Hitch any animal to a lamp post, hydrant, drinking fountain, tree or other structure or
picket an animal to the ground.
(17) Park or occupy a vehicle or occupy a street or sidewalk to sell any farm produce or any
other product or property, or for conducting any business or selling of services, except as
provided in section 24-259.
(18) Place any vehicle to display the vehicle for sale or exchange.
(19) Work, grease, repair, change oil or maintain in any way a vehicle, except as necessitated
by an emergency.
(20) Use a skateboard, roller skates, in-line roller skates or blades, or similar devices
a. In a municipal parking facility;
b. On or across a sidewalk within or adjoining property in the PC-1, PC-2 or PC-3
districts, as defined by chapter 36; or
C. Upon the traveled portion of a street.
Notwithstanding this subsection (20), roller skates or in-line roller skates or blades may be used
on the traveled portion of streets, if no adjoining sidewalk is present.
(21) Feed any wild animal or bird, or deposit a food source for wild animals or birds.
179232v1
Ordinance No. 2014-22
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Section S. Section 24-346 of the Edina City Code is amended to provide as follows:
Sec. 24-346. Special permits.
The city council may issue a special permit to the holder of a temporary on-sale 3.2 percent
malt liquor license or a temporary on-sale intoxicating liquor license issued pursuant to chapter
4 or a caterer's permit issued by the commissioner of public safety for the purpose of
occupying a park, street, sidewalk or publicly owned property with a licensed premises.
Applications for a special permit shall be made on forms supplied by the clerk and shall include a
plan drawn to scale which illustrates the exact location of the licensed premises and all
proposed signs, including signs attached to vehicles, that will be used to identify the licensed
premises or to promote the sale of alcoholic beverages. The application shall be accompanied by
the fee set forth in section 2-724. In addition to the requirements of article 11 of chapter 12, no
permit shall be issued pursuant to this section unless the following requirements are met:
(1) The city council shall find that the issuance of the permit:
a. Will not be detrimental to or endanger the public health, safety, morals and
general welfare;
b. Will not cause undue traffic hazards, congestion or parking shortages; and
C. Will not be injurious to the use and enjoyment, or decrease the value of other
property in the vicinity, and will not be a nuisance.
(2) No signs or symbols of any kind shall be used to identify the licensed premises or
product dispensed therein other than those specifically approved by the city council.
(3) The permit holder shall indemnify and hold the city harmless from any loss, cost,
damage and expense arising out of the holder's use, design, operation or maintenance of the
property. The indemnity shall be on forms provided by the clerk.
(4) The permit holder shall furnish to the clerk evidence that public liability insurance has
been procured for any death or personal injury arising from the ownership, use, operation or
maintenance of the property in the amounts of not less than:
a. $100,000.00 for injury to or death of one person;
b. $300,000.00 for any one incident; and
C. $50,000.00 for damage to property arising from any one incident.
179232v1
Ordinance No. 2014-22
Page 6
The permit holder shall maintain such insurance in effect at all times during the term of
the permit. The city shall be named as an additional named insured in the policy
providing such insurance.
(5) The permit holder shall furnish a surety bond, letter of credit or cash deposit in an
amount determined by the city council but not less than $5,000.00 to be used by the city for the
purpose of replacing or repairing any damage to public property caused by the permit holder's
use. A surety bond shall be from a corporate surety authorized to do business in the state. The
surety bond, letter of credit or cash deposit shall be released by the city upon completion of the
repair or replacement of any damage to public property.
(6) The city council may impose other requirements and conditions necessary to promote
public safety.
Section 6. This ordinance is effective upon adoption.
First Reading: December 2, 2014
Second Reading: Waived
Published: December 11, 2014
Attest:
Debra A. Mangen, City Clerk a Wand, rvfavyor
Please publish in the Edina Sun Current on: December H, 2014
Send two affidavits of publication
Bill to Edina City Clerk
1792320
AFFIDAVIT OF PUBLICATION City of Edina owner may prune trees and shrubs b.3.2 percent matt liquor which
(Official Publication) on the street right-of-way adjoining is dispensed by the city or by an
STATE OF MINNESOTA ) ORDINANCE NO.2014-22 his property subject to the permis- agent of the city pursuant to a tem-
COUNTY OF HENNEPIN ss sion of the park director. porary on-sale 3.2 percent malt li-
AN ORDINANCE AMENDING (4)Remove any wild flower,tree, quor license issued in accordance
CHAPTERS 4 AND 24 shrub, plant, branch or
OF THE EDINA CITY p portion with chapter 4 may be consumed
Charlene Vold being duly sworn on an oath, CODE CONCERNING thereof, or any soil or other mate- subject to other applicable provi-
states or affirms that they are the Authorized ALCOHOLIC BEVERAGES dir without the approval of the park the r es this Code and subject to
AND CONDUCT IN PARKS, director. the rules and regulations of the park
Agent of the newspaper(s)known as: (5)Go on foot or otherwise upon director pursuant to section 24-258
STREET,SIDEWALKS,AND grass or turf where a prohibitory within the confines of the ball field
SC Edina PUBLICLY OWNED PROPERTY sign is posted. complex at Van Valkenburg Park.
THE CITY COUNCIL OF EDINA (6) Throw or cast any stone or c. 3.2 percent malt liquor, wine
ORDAINS: other object, or aim or discharge and intoxicating matt liquor which is
Section 1.Section 4-34,subset- any air gun, sling shot or other dispensed by the city or by an agent
and has full knowledge of the facts stated tion (c) of the Edina City Code is weapon except according to the of the city at an on-sale dispensary
below: amended to read as follows: rules of a game or recreation permit- authorized pursuant to section 4-2
A The newspaper has complied (c) On-sale 3.2 percent malt li-
( ) with all of quor licenses.In addition to the re- ted in writing by the city. may be consumed subject to other
the requirements constituting qualifica- quireicens s.subsection(a) h this M Deposit, place or leave any applicable provisions of this Code
tion as a qualified newspaper as provided section,no on-sale subsection
percent mak paper,rubbish,waste,cans,bottles and subject to the rules and regula-
by Minn. Stat. §331A.02, §331A.07, and liquor license shall be granted for or refuse of any kind except of re- tions ti the park director pursuant
establishments other than: ceptacles provided for the collet- to section 24-258 on the grounds of
other applicable laws as amended. tion of waste. Braemar Golf Course. 3.2 percent
(B)This Public Notice was printed and pub- (1) Private clubs which have (8)Deposit,place or leave in pub- malt liquor which is dispensed by
been incorporated for more than licly owned waste receptacles re- the city or by an agent of the city
lished in said newspaper(s) for 1 succes- ten years and which own and oper-
tho-
Sive issues; the first insertion being on ate clubhouses for their members in fuse generated from normal house at anpursuant
on-salet dispensary 2 may
which the serving of such liquor is hold or business activities. rued pursuant to section 4-2 may
12/1 1/2014 and the last insertion being on 9 q (9)Start or maintain any fire ex- be consumed subject to other ap-
12/1 1/2014. incidental to and not the major pur- cept small fires made by picnic par- plicable provisions of this Code and
pose of such club: ties in those locations in parks des- subject to the rules and regulations
(2)Restaurants; ignated for that purpose by the city. of the park director pursuant to sec-
(3)Golf courses; (10)Abandon any fire made pur- tion 24-258 on the grounds of Fred
(4)The Edina Golf Dome; suant to subsection(9)of this sec- Richards.
(5)Bowling centers;and tion without completely extinguish- d.3.2 percent malt liquor,intoxi-
BCVAkUu (6)Hotels. ing the fire and depositing the ashes cating mak liquor and wine may be
Y The provisions of this subsection or coals from such fire, after they consumed at sidewalk cafes which
Authorized Agent do not apply to temporary on-sale have cooled sufficiently, in recep- are licensed in accordance with
3.2 percent malt liquor licenses. tacles provided for waste. chapter 4 and which are authorized
Subscribed and sworn to or affirmed before Section 2.Section 4-34,subsec- (11) Perform acts prohibited by by a permit issued pursuant to sec-
tion (d) of the Edina City Code is article 11 of chapter 22. tion 24-313.
me on 12/I)/2014. amended to read as follows: p
(d)Wine licenses. In addition to (12) Set, lay or prepare or use e. Alcoholic beverages may be
any trap, snare, artificial light, net consumed on premises holding
the requirements of subsection (a)
the line, ferret, hawk or any con- a temporary on-sale 3.2 percent
of this section,
t,,no wine license shall any establishment trivance or device whatever for the matt liquor license or a temporary
purpose of catching,taking or killing on-sale intoxicating liquor license
other than a restaurant located in
t any bird or wild creature. The pro- issued pursuant to chapter 4, or
Notary Public the PCD-1, PCD-2, PCD-3 sub- hibition in this subsection shall not a caterer's permit issued by the
wv°v,+wvvwvvvvvvvvvVVVVV-A districts, the mixed development apply to trapping by any means or commissioner of public safety and
������ppt� district, the planned office district, methods done by the city,or done which are authorized by a permit
LUU74��
MIRE the planned office district or for a under its direction,or done by any issued pursuant to section 24-346.
NOWY PUWk4&M98ft cou
restaurant on a golf rse.
other governmental agency or de (15)Destroy,injure or tamper with
CCeneMeeior >f1, � Section 3.Section 4-34,subsec- partment with the written permis- any sewer,storm sewer,water main,
tion (e) of the Edina City Code is sion of the city manager, or done culvert or any part thereof,including
amended to read as follows: by any person with a valid trapping manhole covers,tanks or valves.
(e) On-sale intoxicating liquor license issued by the state and with (16) Hitch any animal to a lamp
licenses.In addition to the require- the written permission of the city post,hydrant,drinking fountain,tree
ments of subsection(a)of this sec- manager.All trapping shall be done or other structure or picket an ani-
tion, no on-sale intoxicating liquor in accordance with state law. mal to the ground.
license shall be granted to any es- (13) Start or land an airplane, (17)Park or occupy a vehicle or
tablishment other than a restaurant helicopter, balloon or other aircraft occupy a street or sidewalk to sell
or hotel located in the PCD-2,PCD- without the written permission of any farm produce or any other prod-
3, POD-2 subdistricts. the mixed the manager. uct or property,
development district, or on a golf- 9 P perry, el for conducting
(14) Consume intoxicating or any business or selling of services,
course. nonintoxicating mak liquor, wine except as provided in section 24-
Section 4.Section 24-254 of the or intoxicating liquor,as defined in 259.
Edina City Code is amended to pro- chapter 4,except that: (18)Place any vehicle to display
vide as follows: a.3.2 percent malt liquor,intoxi- the vehicle for sale or exchange.
Sec. 24-254. Conduct in parks, cating malt liquor and wine which (19)Work,grease,repair,change
streets, sidewalks, and publicly is dispensed by the city or by an oil or maintain in any way a vehicle,
owned property. authorized agent of the city may except as necessitated by an emer-
No person, in any park, street, be consumed subject to other ap- gency.
sidewalk or publicly owned property plicable provisions of this Code and (20) Use a skateboard, roller
shall: subject to the ales and regulations skates, in-line roller skates or
(1)Cut,break,scratch,mark or in of the park director pursuant to sec- blades,or similar devices
any way injure or deface or remove tion 24-258 in the following places: a.In a municipal parking facility;
any building, fence, post, pump, 1. Inside the clubhouse build- b.On or across a sidewalk within
lamp, flagpole, construction work, ing or on decks, patios and other or adjoining property in the PC-1,
improvement, facility or any other outdoor dining areas which are ad- PC-2 or PC-3 districts, as defined
structure or property.
Rate Information: (2) Post, paste, fasten, paint or latent to the clubhouse building at by chapter 36;or
(1)Lowest classified rate paid by commercial users affix any placard,bill,notice or sign Braemar Goff Course and at Fred c.Upon the traveled portion of a
for comparable space: upon any motor vehicle, structure, Richards Park street.
2. Inside the Edinborough Park Notwithstanding this subsection
$34.45 per column inch pole, tree, stone, fence, thing or building,the Centennial Lakes Park (20), roller skates or in-line roller
enclosure,unless first authorized in Centrum building, the building at skates or blades may be used on
writing by the city. Arneson Acres Park, the Edina Art the traveled portion of streets,if no
(3) Pick or cut any wild or culti- Center Building, the Edina Senior adjoining sidewalk is present.
vated flower,or cut,break or in any Center and on decks, patios and (21)Feed any wild animal or bird,
way injure or deface any tree,shrub other outdoor dining areas which or deposit a food source for wild
Ad I D 322402 or plant, provided that a property are adjacent to such buildings. animals or birds.
Section 5.Section 24-346 of the deposit shall be released by the city
Edina City Code is amended to pro- upon completion of the repair or re-
vide as follows: placement of any damage to public
Sec.24-346.Special permits. property.
The city council may issue a spe- (6)The city council may impose
cial permit to the holder of a tem- other requirements and conditions
porary on-sale 3.2 percent malt li- necessary to promote public safety.
quor license or a temporary on-sale Section 6. This ordinance is ef-
intoxicating liquor license issued fective upon adoption.
pursuant to chapter 4 or a caterer's First Reading:December 2,2014
permit issued by the commissioner Second Reading:Waived
of public safety for the purpose of Published:December 11,2014
occupying a park, street, sidewalk James B.Hovland,Mayor
or publicly owned property with a Attest:
licensed premises. Applications Debra A.Mangen,City Clerk
for a special permit shall be made
on forms supplied by the clerk and 12/11/14,3SC1,
shall include a plan drawn to scale Ordinance 2014-22,322402
which illustrates the exact location
of the licensed premises and all
proposed signs,including signs at-
tached to vehicles,that will be used
to identify the licensed premises
or to promote the sale of alcoholic
beverages.The application shall be
accompanied by the fee set forth
in section 2-724. In addition to the
requirements of article II of chapter
12,no permit shall be issued pursu-
ant to this section unless the follow-
ing requirements are met:
(1)The city council shall find that
the issuance of the permit:
a. Will not be detrimental to or
endanger the public health, safety,
morals and general welfare;
b. Will not cause undue traf-
fic hazards, congestion or parking
shortages;and
c.Will not be injurious to the use
and enjoyment,or decrease the val-
ue of other property in the vicinity,
and will not be a nuisance.
(2) No signs or symbols of any
kind shall be used to identify the
licensed premises or product dis-
pensed therein other than those
specifically approved by the city
council.
(3) The permit holder shall in-
demnify and hold the city harmless
from any loss, cost, damage and
expense arising out of the holder's
use, design, operation or mainte-
nance of the property.The indem-
nity shall be on fortes provided by
the clerk.
(4)The permit holder shall furnish
to the clerk evidence that public li-
ability insurance has been procured
for any death or personal injury aris-
ing from the ownership,use,opera-
tion or maintenance of the property
in the amounts of not less than:
a. $100,000.00 for injury to or
death of one person;
b.$300,000.00 for any one inci-
dent;and
c. $50,000.00 for damage to
property arising from any one inci-
dent.
The permit holder shall maintain
such insurance in effect at all times
during the term of the permit.The
city shall be named as an additional
named insured in the policy provid-
ing such insurance.
(5) The permit holder shall fur-
nish a surety bond, letter of credit
or cash deposit in an amount de-
termined by the city council but not
less than$5,000.00 to be used by
the city for the purpose of replacing
or repairing any damage to pub-
lic property caused by the permit
holder's use.A surety bond shall be
from a corporate surety authorized
to do business in the state. The
surety bond,letter of credit or cash