HomeMy WebLinkAbout1997-03 Supplement Old Pages Memorandum
Date: 12/19/97
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement
I am sending you the newest update for your Edina City Code
book. This supplement contains all ordinances adopted by the
City Council through December 15, 1997. Please replace the
following pages as noted:
Table of Contents - Replace entire Table of Contents
Section 126 - New section added to the code
Section 185 - Remove your entire Section and replace
with the attached.
Section 900 - Remove your entire Section and replace with
the attached.
Section 1230 - Remove your entire Section and replace
with the attached.
Section 1305 - Remove your entire Section and replace
with the attached.
Section 1325 - Remove this section it has been repealed.
Section 1326 - New section replacing Section 1325
Feel free to contact me with any questions regarding this
supplement or Edina's Code.
CITY OF EDINA CODE
TABLE OF CONTENTS
Ordinance No. 1 - An Ordinance Codifying the General Ordinances of the City of Edina,
Minnesota; Adopting a New City Code; Retaining Certain Ordinances; and
Repealing Certain Ordinances
CHAPTER 1. GENERAL CODE PROVISIONS AND ADMINISTRATION
Section 100 - City Code; Penalties for Violation
Section 105 - Definitions
Section 110 - Incorporation of State Law
Section 115 - The Council, Officer and Surety Bonds
Section 120 - Salaries for Council Members
Section 125 - Registration of Voters
Section 130 - Election of Council Members
Section 140 - Human Relations Commission
Section 145 - Recycling and Solid Waste Commission
Section 150 - Personnel Policy
Section 155 - Disposal of Unclaimed Property
Section 160 - General Licensing Procedure
Section 165 - License Registration and Bond for Building Trades
Section 175 - Notice of Violation
Section 180 - Removal of Members of Boards, Commissions, and Committees
Section 185 - Fees and Charges
CHAPTER 2. PUBLIC DANCES LAWFUL GAMBLING & AMUSEMENT DEVICES
Section 200 - Public Dances
Section 215 - Gambling
Section 220 - Mechanical Amusement Devices
CHAPTER 3. ANIMALS
Section 300 - Animal Control and Licensing
CHAPTER 4. BUILDINGS, CONSTRUCTION & SIGNS
Section 400 - Construction Board of Appeals
Section 405 - Landscaping, Screening and Erosion Control
Section 410 - Building Code
Section 415 - Moving of Buildings
Section 421 - Right-Of-Way Management
Section 425 - Littering in the Course of Construction Work
1
Section 430 - Regulating Installers of Gas Piping or Gas Burning Systems, Oil Burners,
Stokers, Steam or Hot Water Heating Systems, Mechanical Warm Air
Heating and Air Conditioning Systems, Refrigeration Systems, Plumbing
and Water Conditioning Equipment
Section 435 - Regulating Mechanical and Gas Piping Work
Section 440 - Regulating Plumbing and Installation of Water Cooling Equipment
Section 445 - Requiring Connections to Sanitary Sewer and Water Systems; Regulating
Discharges into Sanitary Sewer System
Section 450 - Swimming Pools
Section 455 - Public Bathrooms and Restrooms
Section 460 - Signs
Section 470 - Dangerous or Substandard Buildings
Section 475 - Parking Ramps
Section 480 - Exterior of Single Dwelling Unit and Double Dwelling Unit
CHAPTER 5. CIVIL DEFENSE AND EMERGENCIES
Section 505 - Civil Defense and Emergency Regulations
CHAPTER 6. FIRE PROTECTION
Section 600 - Fire Department
Section 605 - Fire Codes, Bureau of Fire Prevention and Fire Lanes
Section 615 - Fire Extinguishers
Section 620 - Commercial Cooking Ventilation Systems
Section 625 - Fire Protection Systems
Section 635 - False Fire Alarms
CHAPTER 7. HEALTH
Section 700 - Community Health Board, Department of Health and Sanitarian
Section 705 - Storage, Collection and Disposal of Refuse and Compostable Materials
Section 710 - Private Sewage Disposal Systems
Section 715 - Mandatory Separation, Storage and Disposal of Recyclables
Section 716 - Recycling Service Charges
Section 720 - Food Establishments and Food Vending Machines
Section 725 - Public Health, Housing and Housing Equipment
Section 735 - Hotels, Lodging and Boarding Houses
Section 740 - Ventilation of Parking Garages for Multiple Dwellings
CHAPTER 8. LAND USE, PLATS AND ZONING
Section 800 - Heritage Preservation Board
Section 805 - Planning Commission
Section 810 - Plats and Subdivisions
Section 815 - Radio and Television Antennas and Towers
2
Section 820 - Vacation of Streets, Alleys, Public Ways and Utility Easements
Section 830 - Tree Removal, Grading and Excavation
Section 835 - Comprehensive Plan
Section 845 - Restricted Access Parking Lots
Section 850 - Zoning
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
Section 905 - Open House Parties
CHAPTER 10. MISDEMEANORS AND NUISANCES
Section 1000 - Crimes and Forbidden Conduct
Section 1005 - Certain Dangerous Weapons
Section 1010 - Prohibiting Certain Conduct In, On, or Near Schools
Section 1015 - Hoax, Obscene or Annoying Telephone Calls and Bomb Threats
Section 1020 - False Automatic Alarms
Section 1030 - Possession, Purchase or Delivery of Controlled Substances
Section 1035 - General Nuisances
Section 1040 - Noises Disturbing the Public Peace
Section 1046 - Parking and Storage of Vehicles and Equipment
Section 1050 - Maintenance of Vegetation
Section 1055 - Control and Prevention of Shade Tree Diseases
Section 1060 - Curfew for Minors; Responsibility
Section 1065 - Prohibiting and Regulating Picketing
Section 1070 - Abatement of Nuisances
Section 1075 - Steel Jawed Traps
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
Section 1105 - Sewer and Water Connection Charges
Section 1110 - Storm Water Drainage Utility; Charges
Section 1115 - Water Emergencies and Irrigation Bans
CHAPTER 12. STREETS AND PARKS
Section 1200 - Use and Maintenance of Streets, Alleys, Sidewalks, Easements, Parks, and
Other City Owned Property
Section 1205 - Curb Cuts
Section 1215 - Work Within the 50th & France Commercial Area
Section 1220 - Park Board
Section 1230 - Conduct in Parks and Public Places
Section 1235 - Municipal Parking Facilities
3
CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
Section 1305 - Scavengers
Section 1310 - Peddlers and Solicitors
Section 1315 - Advertising Material on Residential Property
Section 1325 - Sale of Tobacco; Licensing
Section 1330 - Taxicabs and Taxicab Drivers
Section 1340 - Physical Culture and Health Services and Clubs j
Section 1345 - Sexually-Oriented Businesses
Section 1350 - Motion Pictures and Commercial Photography
i
CHAPTER 14. TRAFFIC CONTROL AND VEHICLES
Section 1400 - Pedestrian, Bicycle and Vehicular Traffic, Parking, Standing and Loading
I
Section 1405 - Clear View Zone
Section 1410 - Impounding of Unoccupied Vehicles Found to be in Violation
Section 1415 - Abandoned Motor Vehicles
Section 1425 - Registration of Bicycles
Section 1435 - Snowmobiles, Motorcycles, and All Terrain Vehicles
4
SECTION 185-SCHEDULE A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
200 200.04 Public dance permit $35.00 1
215 215.04 Bingo occasion, gambling $10.00 per permit 5
device, raffle permit
220 220.04 Machine or amusement device $40.00 annually per establishment, 10
License plus $5.00 per machine 11
300 300.02, Redemption of impounded animals $15.00 per day for feeding and care, any veterinarian 15
Subd. 2 services and impounding fee of:
(a) If animal has not been impounded within one year 16
prior to the date of impounding - $35.00.
(b) If animal has been impounded once within the year 17
prior to the date of impounding - $60.00.
(c) If animal has been impounded twice or more within 18
one year prior to the date of impounding - $110.00.
300 300.02, Disposal of animal $15.00 per animal 19
Subd. 3
300 300.03, Dog license $25.00 per dog or $12.00 per neutered dog 20
Subd. 3
300 300.03, Dog license renewal $11.00 per dog or $8.00 per neutered dog 21
Subd. 3
300 300.03, Dog license renewal $25.00 per dog or $12.00 per neutered dog 21a
Subd. 3 (late charge after March 1)
300 300.03, Duplicate dog license tag $6.00 per duplicate tag 22
Subd. 4
300 300.04, Commercial kennel license $55.00 per year 23
Subd. 2
300 300.15 Permit for extra dogs or cats $100.00 24
405 405.01 Landscaping, screening, $100.00 25
or erosion control
site plan permit
185-1 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE N0,
410 410.02, Building permit If total valuation of work is: Then amount is: 30
Subd. 1 $1.00 to $500.00 * $21.00
$501.00 to $2,000.00 * $21.00 for first $500.00 plus 31
$2.75 for each additional
$100.00 or fraction thereof to
and including $2,000.00
$2,001.00 to $25,000.00 * $62.25 for first $2,000.00 32
plus $12.50 for each additional
$1,000.00 or fraction thereof to
and including $25,000.00
$25,001.00 to $50,000.00 * $349.75 for first $25,000.00 33
plus $9.00 for each additional
$1,000.00 or fraction thereof to
and including $50,000.00
$50,001.00 to $100,000.00 * $574.75 for first $50,000.00 34
plus $6.25 for each additional
$1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to $500,000.00 * $887.25 for the first 35
$100,000.00 plus $5.00 for each
additional $1,000.00 or fraction
thereof to and including
$500,000.00
$500,001.00 to $1,000,000.00 * $2887.25 for the first 36
$500,000.00 plus $4.25 for each
additional $1,000.00 or fraction
thereof to and including
$1,000,000.00
$1,000,001.00 and up * $5012.25 for the first 37
$1,000,000.00 plus $2.75 for
each additional $1,000.00 or
fraction thereof
* plus surcharge pursuant to M.S. 168.70
Plan Review 65% of Permit Fee 37a
185-2 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
410 410.02, Reinspection fee assessed under $42.00 per hour or the total hourly cost to City, 38
Subd. 1 provisions of UBC, whichever is greatest. (Includes supervision, overhead,
Section 305 (g) equipment, hourly wages and fringe benefits of
employees involved.)
410 410.02, Building Code compliance $150.00 Residential 39
Subd. 1 inspection $320.00 Commercial 40
410 410.02 Residential building $ 5.00 surcharge pursuant to M.S. 326.86 41
Subd. 3 contractor, remodeler, or
specialty contractor license
verification
415 415.02 Permit for moving of building $212.00 45
415 415.02, Indemnity deposit for damages $530.00, unless licensed by Commissioner of Transportation 46
Subd. 3 sustained by moving of
building
420 420.02 Excavation permit $15.00 per 100 feet of longitudinal excavation 50
420 420.02 Monitoring well permit $50.00 per well 50a
420 420.07, Street Surface Repair:
Subd. 2 J. Under 10 square feet - $15.00/sq. ft. 51
10 - 25 square feet - $10.00/sq. ft. 52
over 25 square feet - $ 7.00/sq. ft. 53
430 430.03, OR burner installer's license, S 55.00 55
Subd. 8 stoker installer's license,
steam or hot water heating
installer's license, mechanical
warm air heating and air
conditioning installer's
License, refrigeration
installer's license
430 430.03, Gas piping installer's $ 55.00 56
Subd. 8 license
185-3 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
435 435.07 Gas piping permit Minimum Fee:
Residential - $22.00 plus surcharge pursuant to M.S. 16B.70 60
Commercial - $27.00 plus surcharge pursuant to M.S. 168.70 61
Installation or testing $25.00 61a
of RPZ backflow preventers
Fee Calculations:
$ 0 - $ 1,000 * S 16.00 plus 3.10% > $ 500.00 62
$ 1,001 - $ 5,000 * S 31.50 plus 2.60% > S 1,000.00 63
$ 5,001 - $10,000 * $135.50 plus 2.15% > S 5,000.00 64
$10,001 - $25,000 * $243.00 plus 1.85% > $10,000.00 65
$25,001 - $50,000 * $520.50 plus 1.65% > $25,000.00 66
$50,001 and over * $933.00 plus 1.30% > $50,000.00 67
* plus surcharge pursuant to M.S. 16B.70
435 435.07 Oil burner, stoker, steam or Minimum Fee:
hot water heating, mechanical
warm air heating and air Single Family - $22.00 plus surcharge pursuant to M.S. 168.70 68
conditioning or refrigeration Commercial - $27.00 plus surcharge pursuant to M.S. 16B.70 69
permit
All fees for above permits based on contract price as follows:
$ 0 - 1,000.00 * $ 16.00 + 3.10% of anything over $ 500.00 70
1,001.00 - 5,000.00 * 31.50 + 2.60% of anything over 1,000.00 71
5,001.00 - 10,000.00 * 135.50 + 2.15% of anything over 5,000.00 72
10,001.00 - 25,000.00 * 243.00 + 1.85% of anything over 10,000.00 73
25,001.00 - 50,000.00 * 520.50 + 1.65% of anything over 25,000.00 74
50,001.00 - and over * 933.00 + 1.30% of anything over 50,000.00 75
* plus surcharge pursuant to M.S. 168.70
440 440.04 Plumbing or water
conditioning permit Fees same as for gas piping permit 75a
440 440.04 Water conditioning equipment $25.00 plus surcharge pursuant to M.S. 16B.70 76
installation permit
185-4 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
450 450.05 Swimming pool construction Same as the amount of the fee for a building permit 80
(see Subsection 410.02, Subd. 1, fees)
450 450.27, Public or semi-public swimming $355.00 per annum for each pool enclosed part or all of the 81
Subd. 4 pool license year
$190.00 per annum for each outdoor pool 82
450 450.27, Public or semi-public whirlpool E 95.00 per annum for each bath or pool 83
Subd. 4 bath or therapeutic swimming
pool license
460 460.06, Sign permit $ 60.00 85
Subd. 1
Bench courtesy sign permit $ 12.00 per annum 86
460 460.06, Sign variance fee 8125.00 for residential property 87
Subd. 6 $250.00 for commercial property 88
475 475.03, Parking ramp license $100.00 per annum 90
Subd. 1
605 605.07 Permits required by UFC Minimum fee: $50.00 95
Special hazard permit: Class I: General hazard and fire safety inspections $ 50.00 96
requiring a special hazard permit
Class II: Special hazard inspection involving various $100.00 97
hazardous materials and/or processes in occupancies
of buildings less than 3000 sq ft in area
Class III: Special hazard inspection primarily $150.00 98
directed at, but not limited to, buildings or
occupancies 3000 sq ft or larger where any of the
following are present:
A. Multiple hazards
B. Storage handling, and/or processes involving
dangerous or toxic materials, substances and/or
processes
C. Occupancies in which evaluation or high
valuation presents unique circumstances
185-5 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
615 615.03 License to service fire $25.00 per annum per person to be licensed 100
extinguishers
620 620.04 Permit fee for cleaning of $60.00 for each permit 105
commercial cooking ventilation
system
625 625.04 Sprinkler permit fees: 110
Number of Heads
1 - 5 * 5 45.00 (minimum fee)
6 - 10 * $ 70.00
11 - 20 * $ 95.00
21 - 30 * $120.00
31 - 40 * $142.00
41 - 50 * $164.00
51 - 60 * $186.00
61 - 70 * $200.00
71 - 80 * $214.00
81 - 90 * $228.00
91 - 100 * $236.00
101 - 110 * $244.00
111 - 120 * $252.00
121 - 130 * $260.00
131 - 140 * $268.00
141 - 150 * $276.00
151 - 160 * $283.00
161 - 170 * $290.00
171 - 180 * $297.00
181 - 190 * $304.00
191 - 200 * $311.00
201 Plus * $311.00 for first 200 plus $7.00 for each additional head
* plus surcharge pursuant to M.S. 16B.70
625 625.03 Fire pump installation and $85.00 118
associated hardware
Standpipe installation $85.00 119
Each additional standpipe $10.00 120
625 625.03 Fire alarm system permit Same as for a building permit (see Subs. 410.02, Subd 1 fees) 121
635 635.02 False fire alarm $260.00 for the third and each subsequent response within one
calendar year 125
710 710.04, Private sewage disposal system $30.00 130
Subd. 3 permit
185-6 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
716 716.02 Recycling service:
Single Family $ 7.44 per quarter 131
Double Bungalow S 7.44 per quarter 132
Apartments/Condos (2-8 units) S 6.18 per quarter 133
720 720.04, Food establishment license $520.00 per annum, $470.00 if certified pursuant to 135
Subd. 3 Subsection 720.04, Subd. 3 C of this Code,
plus $135.00 per annum for each additional facility
Day care, limited food $165.00 per annum 136
establishment license
Take-out food facility $350.00 per annum, $300.00 if certified pursuant to 137
License Subsection 720.04, Subd. 3 C of this Code
Packaged food sales license $155.00 per annum 138
Food warehouse license $85.00 per annum 139
Catering food establishment $520.00 per annum, $470.00 if certified pursuant to 140
License Subsection 720.04, Subd. 3 C of this Code,
plus $135.00 per annum for each additional facility
Itinerant food establishment $90.00 per event 141
License
Retail candy shop license $65.00 per annum, plus $10.00 per annum for each additional 142
facility
Potentially hazardous food $105.00 per annum 143
vehicle license
Fleet of 5 or more potentially $525.00 per annum 144
hazardous food vehicles
license
Catering food vehicle license $190.00 per annum, plus $40.00 per annum for each additional 145
vehicle
Food vehicle license $105.00 per annum 146
Fleet of 5 or more $525.00 per annum 147
food vehicles license
Pushcart License $150.00 per annum 147a
185-7 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
720 720.04, Food vending machine license $15.00 per annum 148
Subd. 3
720 720.06, Food establishment plan review 1. Minimum fee - $25.00 149
Subd. 5 2. New construction - 100% of food establishment license fee 150
based upon ultimate food establishment category.
3. Addition to, remodeling, repair or renovation of existing 151
food facility - 50% of food establishment license based upon
ultimate food establishment License category.
735 735.03 Hotel, lodging or boarding Hotels - $260.00 for 1-50 rooms and $2.00 per each room 155
house license over 50
Lodging and boarding houses - $65.00 per location 156
740 740.04 Parking Garage License $35.00 157
Parking Garage Inspection Fee $65.00 158
810 810.09, Neighborhood property owner $1.00 per owner name 160
Subd. 3 C. list
810 810.09 Plat and subdivision filing fee For division of one or more Lots where no new buildable
Lots are created: $100.00 per lot 161
For all other plats and subdivisions:
$400.00 plus $50.00 per lot 162
810 810.09, Developer's agreement fee for 6.5% of the total construction cost of such public
Subd. 2 City services rendered in improvements 163
connection with required street,
water and sewer improvements
185-8 EFF. 3/97
i
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
815 815.03 Permit fee for antennas, dish Same fee as for a building permit 165
antennas and towers (see Subsection 410.02, Subd. 1 fees)
820 820.01 Filing of application for $100.00 170
vacation of street, alley or
easement
830 830.05, Permit fee for tree removal Same fee as for a building permit 175
Subd. 1 or grading (see Subsection 410.02, Subd. 1 fees)
830 830.05, Permit fee for open pit or Same fee as for a building permit 176
Subd. 1 excavation of 100 cubic (see Subsection 410.02, Subd. 1 fees)
feet or more
845 845.04 Restricted access parking lot $500.00 180
License
Renewals:
0-50 spaces $100.00 181
51-100 spaces $150.00 182
100-200 spaces $250.00 183
Over 200 spaces $400.00 184
850 850.04, Variance fee Residential $150.00 190
Subd. 1 C. Commercial $250.00 191
850.04, Fee for transfer of land to $400.00 for (one) R-2 lot 192
Subd. 2 A.2 another zoning district $500.00 for (two) R-2 lots 193
$750.00 for all other transfers 194
850 850.173, Temporary retail sales in PID $300.00 for first permit, $200.00 for subsequent permits 195
Subd. 4 C.1a permit
850 850.04, Conditional use permit Fee shall be equal to City staff time expended and 196
Subd. 4 A.2 City's direct costs incurred in processing application.
$500.00 deposit with application submission.
AdditionaL deposits of $500.00 shall continue to be
made as prior deposits are expended. Deposits not
expended shall be refunded to applicant.
850 850.04, Temporary conditional use $ 75.00 197
Subd. 5 C.1 permit
850 850.10, Landscaping inspection $100.00 198
Subd. 1 D.
850 850.04, Application fee for final $500.00 199
Subd. 6 development plan
185-9 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
900 900.06, Club Sunday sale liquor $200.00 per annum 205
Subd. 1 license
900 900.06, Club on-sale liquor license $650.00 per annum 206
Subd. 1
900 900.06, Non-intoxicating malt liquor
Subd. 1 license:
On-sale $240.00 per annum (renewal) 207
$300.00 per annum (new) 208
900 900.04, Off-sale $240.00 per annum (renewal) 209
Subd. 2 $300.00 per annum (new) 210
900 900.16, Temporary on-sale non- $52.00 211
Subd. 3 intoxicating malt liquor license
900 900.16, On-sale wine license Per year - Restaurants with 50 or fewer seats - $780.00 212
Subd. 1 51 - 100 seats, inclusive - $850.00 213
101 - 150 seats, inclusive - $925.00 214
Over 150 seats - $985.00 215
900 900.17, Manager's license $72.00 per year 216
Subd. 6.A
1020 1020.02 False automatic alarm $100.00 for the third and each subsequent response 220
1040 1040.08 Loudspeaker permit $10.00 per permit 225
1045 1045.05 Variance fee for storage of $50.00 230
RV's, boats, etc.
1100 1100.03, Sewer service charge:
Subd. 2 Single family dwellings, town Based upon water usage during winter quarter.
houses, two-family dwellings, (Three month period falling between
apartment buildings November 1 and March 1)
containing four or less
dwelling units:
To and including 1600 $27.20 quarter 235
cubic feet
From 1601 cubic feet and $1.70 per 100 cubic feet 236
over
Apartment buildings with more $25.00 for each unit over four, or $1.70 per 237
than four dwelling units hundred cubic feet of water used during the quarter,
whichever is greater
185-10 EFF. 3/97
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE N0,
1100 1100.03, Sewer service charge: $34.00 per water meter or approved sewage metering device 238
Subd. 2 Commercial and industrial on premises, or $1.70 per hundred cubic feet of water
buildings, including schools used during the quarter, whichever is greater
and churches
1100 1100.03, Industrial user extra strength As allocated to City by Metropolitan Waste Control Commission. 239
Subd. 3 charges
1100 1100.03, Shutting off or turning $12.50 for each turn on and for each shut off 240
Subd. 4.A on curb water stops at
customer's request or
due to non-payment of bill
1100 1100.04, Issuance of water meter Cost for model of meter issued, plus handling charges. 241
Subd. 1.0
1100 1100.03, Water service: 1. $0.60 per 100 cubic feet for areas of City, 242
Subd. 2 except areas described below in 2.
2. $1.44 per 100 cubic feet for Morningside area 243
and for east side of Beard Av. from West 54th St.
to Fuller St. and both sides of Abbott Pl.
from West 54th St. to Beard Av.
3. Excessive use charge $.19/100 cubic feet 244
Meter charge: Up to 3/4 inch meter $ 7.27/quarter 245
1 inch meter 9.85/quarter
1 1/4 inch meter 11.26/quarter
1 1/2 inch meter 12.67/quarter
2 inch meter 20.40/quarter
3 inch meter 77.39/quarter
4 inch meter 98.50/quarter
Flat annual charges as follows:
$2,500.00 - Park Dept for water used for sprinkling 246
and skating rinks
$1,000.00 - Street Dept for water used in flushing streets 247
1105 1105.01, Service Availability Charge $950.00 per SAC unit x number of SAC units computed as 250
Subd. 1 (SAC) pursuant to Subsection 1105.01, Subd. 1 of this Code.
1105 1105.02, Charge for connection to City $1,000 minimum or assessment cost of like abutting properties. 251
Subd. 1 water or sewer system
1110 1110.03, Storm water drainage charge $5.00 per quarter pursuant to formula in Subsection 1110.03 255
Subd. 1
185-11 EFF. 3/97
SSEC1 SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE
1205 1205.01 Curb cut permit $35.00 260
1230 1230.07 Sidewalk cafe permit $500.00 261
1235 1235.03, Parking permit $3.50 per month, pro-rated 265
Subd. 2
1235 1235.03, Refund upon return of parking $3.50 per month, pro-rated 266
Subd. 2 permit sticker
1300 1300.02, Refuse or recycling $230.00 per annum for first vehicle, $65.00 for each 270
Subd. 1 hauler license additional vehicle
1305 1305.03 Scavenger license $180.00 for first license, $125.00 for each annual 275
renewal thereof
1305 1305.09, Scavenger permit $25.00 276
Subd. 1
1325 1325.03 Tobacco sale license $250.00 per location 280
1340 1340.06, License for physical culture $200.00 for business license 285
Subd. 1 and health service or club,
reducing club or salon, sauna
parlor, massage parlor or
escort service
1340 1340.06, License for individual $65.00 for individual license 286
Subd. 1 performing massage or escort
services
1340 1340.06, Individual massage license $25.00 286a
Subd. 1 (additional location)
1340 1340.06, Investigation fee at time of $65.00 287
Subd. 2 original application for an
individual license
1340 1340.06, Investigation fee for a $1,500.00 288
Subd. 2 business license
1345 1345.05 License for sexually-oriented $200.00 per annum 289
Subd. 1 businesses
1345 1345.05 Investigation fee at time of $1,500.00 289a
Subd. 2 original application for license
1400 1400.12 Truck restrictive road permit $10.00 290
1350 1350.06, Manager Permit - $25.00 290a
Subd. 1 Still Photography
1350 1350.06, Manager Permit - $100.00 290b
Subd. 1 Motion Photography
1350 1350.06 Council Permit $ 300.00 290c
185-12 EFF. 3/97
SECT SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT UL
1410 1410.01 Redemption of impounded vehicle Fee in the amount as posted in Police Department. 291
185-13 EFF. 3/97
City of Edina Liquor 900.01
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
900.01 Definitions INTOXICATING MALT LIQUOR LICENSES
PART A. SALE OF LIQUOR AND WINE AT OFF- 900.13 Special Licensing Requirements
SALE 900.14 Place of Service and Consumption
900.02 Sales Limited to Municipal Liquor Stores 900.15 Temporary On-Sale License
900.03 Dispensary Established PART E. SPECIAL REQUIREMENTS FOR ON-
900.04 Sale of Non-Intoxicating Malt Liquor at Off- SALE WINE LICENSES
Sale 900.16 Special Licensing Requirements;Fees,Wine
PART B. GENERAL REQUIREMENTS FOR SALE 900.17 Conditions of Sale;Wine
OF LIQUOR AND WINE AT ON-SALE PART F. SPECIAL REQUIREMENTS FOR ON-
900.05 License Required SALE OF INTOXICATING MALT LIQUOR
900.06 Requirements for On-Sale Licences 900.18 License Requirements; On-Sale Intoxicating
900.09 Bottle Clubs Prohibited Malt Liquor
PART C. SPECIAL REQUIREMENTS FOR CLUB 900.19 Conditions of Sale;Intoxicating Malt Liquor
AND TEMPORARY ON-SALE LIQUOR LICENSES PART G. MISCELLANEOUS
900.10 Special Licensing Requirements 900.20 Headings
900.11 Sunday Sale License 900.21 License Revocation or Suspension
900.12 Temporary License 900.22 Incorporation by Reference
PART D. SPECIAL REQUIREMENTS FOR NON-
900.01 Definitions. Unless the context otherwise clearly indicates, the following terms shall
have the stated meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is served.
Commissioner. The State Commissioner of Public Safety.
Cafe. See definition of"restaurant" in this Subsection.
Club. Any corporation duly organized under the laws of the State for civic, fraternal,
social or business purposes, or for intellectual improvement, or for the promotion of
sports,which shall have more than 50 members, and which for more than one year shall
have owned, hired or leased a building or space in a building of such extent and character
as may be suitable and adequate for the reasonable and comfortable accommodation of
its members, and whose affairs and management are conducted by a board of directors,
executive committee, or other similar body chosen by the members at a meeting held for
the purpose, none of whose members, officers, agents or employees are paid, directly or
indirectly, any compensation by way of profit from the distribution or sale of beverages
to the members of the club or to its guests, beyond the amount of such reasonable salary
or wages as may be fixed and voted each year by the directors or other governing body.
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City of Edina Liquor 900.01
Food Establishment License. A license issued by the City under the provisions of
Section 720 of this Code.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and malt
beverages containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by
fermentation and containing more than 3.2 percent of alcohol by weight.
Licensed Premises. The area shown in the license application as the place where wine
or liquor will be served or consumed.
Liquor.Non-intoxicating malt liquor, intoxicating liquor, and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
Non-Intoxicating Malt Liquor. Any potable beverage with an alcoholic content of
more than one-half of one percent by volume and not more than 3.2 percent by weight.
Off-Sale. Retail sale in the original package for consumption away from the premises
only.
On-Sale. Sale for consumption on the premises only.
i
On-Sale License. A license for the on-sale of intoxicating liquor issued by the City
pursuant to any law other than Minnesota Laws 1973, Chapter 441.
Original Package. Any container or receptacle holding liquor, in which the liquor is
corked or sealed at the place of manufacture.
Restaurant.An establishment, under control of a single proprietor or manager, having
appropriate facilities for serving meals and where in consideration of payment, meals are
regularly served at tables to the general public, and which employs an adequate staff to
provide the usual and suitable service to its guests, and which has a seating capacity for
not fewer than 30 guests at one time.
Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly, as
part of a commercial transaction, in violation or evasion of the provisions of this Section,
but does not include sales by State licensed liquor wholesalers selling to licensed retailers.
State Established Legal Drinking Age. For purposes of this Section, the State
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City of Edina Liquor 900.04
established legal age for consumption of liquor and wine is 21 years of age.
Sunday Sale License. A license for the on-sale of intoxicating liquor issued by the City
pursuant to Minnesota Laws 1973, Chapter 441.
Wine. Vinous beverage created by fermentation.
PART A- SALE OF LIQUOR AND WINE AT OFF-SALE
900.02 Sales Limited to Municipal Liquor Stores. No intoxicating liquor, intoxicating malt
liquor or wine shall be sold, or caused to be sold at off-sale within the City by any person, or by
any store or establishment, or by any agent or employee of such person, store or establishment,
except by the City and on the premises in the City occupied by the municipal liquor dispensary.
900.03 Dispensary Established. There is hereby established a municipal liquor dispensary
for the off-sale of liquor and wine. The dispensary shall be located at such suitable places in the
City as the Council determines by resolution.
Subd. 1 Management and Control. The dispensary shall be under the control of the
Manager. The Manager may appoint employees as deemed necessary to operate the
dispensary in full compliance with this Section and State Law. No person under the State
established legal drinking age shall be employed in the dispensary.
Subd. 2 Surety Bond. The Manager may require persons employed in the dispensary
to furnish a surety bond to the City in the same manner as prescribed by Subsection
115.12 of this Code.
Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the
hours of operation of the dispensary shall be established by resolution of the Council.
Subd. 4 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the municipal liquor
dispensary.
900.04 Sale of Non-Intoxicating Malt Liquor at Off-Sale.
Subd. 1 License Required. No person, directly or indirectly, upon any pretense or
by any device, shall sell at off-sale any non-intoxicating malt liquor without first having
obtained a license.
Subd. 2 License Procedure and Control; Fee. The provisions of Section 160 of this
Code, shall apply to all licenses required by this Subsection, and to the holders of such
licenses, except that licenses and renewals shall be granted or denied by the Council. The
900-3
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City of Edina Liquor 900.04
application shall also describe the type of business transacted on the licensed premises.
Every person licensed, or applying for a license under this Section, in addition to other
requirements imposed by this Section for the obtaining or renewal of a license, shall
demonstrate proof of financial responsibility to the Clerk with regard to liability imposed
by M.S. 340A.801, as a condition to the issuance or renewal of such license, in the
manner and to the extent required by M.S. 340A.409; provided, if any licensee or
applicant claims exemption from the requirements of said Statute, proof of exemption
shall be established by affidavit given by the licensee or applicant. The affidavit shall be
in form and substance acceptable to the Clerk. The application shall be accompanied by
the fee in the amount set forth in Section 185 of this Code. The fee shall be non-
refundable.
Subd. 3 Prohibited Premises. No license shall be granted to any theater, recreational
hall or center, dance hall or place where dancing is permitted, or other place of public
gathering for the purpose of entertainment, amusement, or playing of games, or any other
place not eligible under M.S. 340A and the regulations of the Commissioner. No license
shall be granted for any premises where a license has been revoked for cause for at least
one year after such revocation, except that on unanimous vote of the Council such license
may be granted at any time after such revocation.
Subd. 4 Prohibited Persons. No license shall be granted to:
A Any manufacturer,brewer, or wholesaler as defined in M.S. 340A.101, or any
manufacturer of non-intoxicating malt liquor, or to any person who has a financial
interest, directly or indirectly, in such manufacturer, brewer or wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United States
or any provision of State Law or this Code with regard to the manufacture, sale
or distribution of liquor.
D. Any person not eligible under M.S. 340A.402 and the regulations of the
Commissioner.
Subd. 5 Location. No license shall be granted to premises within 250 feet of any
public school.
Subd. 6 License Term. Every license, issued under this Section shall expire at 12:01
A.M. on April 1, following its date of issuance.
Subd. 7 Licenses Not Transferable. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license was
granted, by any means whatsoever, including, without limitation, devise or descent or
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City of Edina Liquor 900.06
involuntarily by the operation of law, without the person and premises to whom and to
which the license is to be transferred having first submitted an application containing all
of the information required in an original application, and complying with all requirements
for an original license, and receiving the approval of the Council, and where required, the
Commissioner.
Subd. 8 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the sale of non-
intoxicating malt liquor.
PART B - GENERAL REQUIREMENTS FOR SALE OF LIQUOR
AND WINE AT ON-SALE
900.05 License Required. No person, directly or indirectly, upon any pretense or by any
device, shall sell at on-sale any wine or liquor without first obtaining a license of the applicable
type herein described:
A. Club On-Sale Liquor License - permits the sale of liquor and wine at on-sale.
B. Non-Intoxicating Malt Liquor License - permits the sale of non-intoxicating malt
liquor at on-sale.
C. Wine License- permits the sale of wine at on-sale. (Intoxicating malt liquor may be
sold on premises holding both a non-intoxicating malt liquor license and a wine license.)
D. Temporary On-Sale Intoxicating Liquor License - permits the sale of intoxicating
liquor at the Edina Foundation Ball.
E. Temporary On-Sale Non-Intoxicating Malt Liquor License- permits the sale of non-
intoxicating malt liquor at events sponsored by certain organizations.
900.06 Requirements for On-Sale Licenses.
Subd. 1 License Procedure and Control; Fee. The provisions of Section 160 of this
Code, shall apply to all licenses required by Subsection 900.05 and to the holders of such
licenses, except that licenses and renewals shall be granted or denied by the Council and
the Commissioner if required by State Law. The application shall also describe the type
of business transacted on the licensed premises. Every person licensed, or applying for
a license, under this Section, in addition to other requirements imposed by this Section
for the obtaining or renewal of a license, shall demonstrate proof of financial responsibility
to the Clerk with regard to liability imposed by M.S. 340A.801, as a condition to the
issuance or renewal of such license, in the manner and to the extent required by M.S.
340A.409;provided, if any licensee or applicant claims exemption from the requirements
900- 5 1
City of Edina Liquor 900.061
of said statute, proof of exemption shall be established by affidavit given by the licensee)
or applicant. The affidavit shall be in form and substance acceptable to the Clerk. The1
application shall be accompanied by the fee in the amount set forth in Section 185 of this)
Code. The fee shall be non-refundable.
Subd. 2 Prohibited Premises. No license shall be issued for any premises where a 1
license has been revoked for cause for at least one year after such revocation, except that
on unanimous vote of all members of the Council such license may be granted at any time
after such revocation.
Subd. 3 Prohibited Persons. No license shall be granted to:
A. Any manufacturer,brewer, or wholesaler as defined in M.S. 340A.101, or any
manufacturer of non-intoxicating malt liquor, or to any person who has a financial
interest, directly or indirectly, in such manufacturer, brewer or wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United States
or any provision of State Law or this Code with regard to the manufacture, sale
or distribution of liquor.
D. Any person not eligible under M.S. 340A.402 and the regulations of the 11
Commissioner.
Subd. 4 Location. No license shall be granted to premises within 250 feet of any 1
public school.
Subd. 5 License Term. Every license, issued under this Section shall expire at 12:01
A.M. on April 1, following its date of issuance. Temporary licenses issued pursuant to
this Section shall expire on the date specified in the license.
Subd. 6 Licenses Not Transferable. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license was
granted, by any means whatsoever, including, without limitation, devise or descent or
involuntarily by the operation of law, without the person and premises to whom and to
which the license is to be transferred having first submitted an application containing all
of the information required in an original application, and complying with all requirements
for an original license, and receiving the approval of the Council, and where required, the
Commissioner. Any change in the persons named in the original application or any
change in the information in such original application shall be deemed a transfer for the
purposes of this Section. Provided, however, the following changes shall not be deemed
a transfer:
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City of Edina Liquor 900.07
A. A change in the ownership of a limited partnership comprising 10% or less
cumulatively of the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10% or less cumulatively
of the stock owners during the then license period; or
C. A change in one of the corporation's officers during the term of the then
license. Provided, however, the corporation shall give notice of a change in
officer to the Clerk and the new officer shall comply with all requirements of this
Section and Section 160 of this Code.
900.07 Manner of Conducting Sales.
Subd. 1 Conduct.Every licensee shall be responsible for the conduct of the licensee's
place of business and shall maintain conditions of sobriety and order.
Subd. 2 Age. No wine or liquor shall be sold to any person under the State
established legal drinking age, or to an intoxicated person, directly or indirectly.
Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell
liquor or wine.
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or
permit the keeping, possession or operation on the licensed premises, or in any room
adjoining the licensed premises controlled by the licensee, any slot machines, dice or other
gambling equipment as defined in M.S. 349.30, nor permit any gambling therein, nor
permit the licensed premises or any room in the same or in any adjoining building, directly
or indirectly under licensee's control, to be used as a resort for prostitutes or other
disorderly persons;provided, however,that lawful gambling may be carried on if allowed
by this Code and where allowed by a license issued pursuant to M.S. 349 or this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any
licensed place shall be owned in whole or in part by any manufacturer or brewer, as
defined in M.S. 340A, of wine or liquor.
Subd. 6 Delinquent Taxes. No license shall be granted for operation on any premises
upon which taxes or assessments or other financial claims of the City are delinquent and
unpaid.
Subd. 7 Open to Inspection. All licensed premises shall be open to inspection by any
police officer or other designated officer or employee of the City at any time during which
the place so licensed is open for business.
Subd. 8 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
900- 7
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City of Edina Liquor 900.10
340A.504. Except, however, restaurants, hotels, and bowling centers holding a license
under Part E or Part F of this Section, or clubs holding a Sunday Sale License-un er Part
C of this Section, may sell intoxicating liquor or wine in conjunction with the sale of food
between the hours of 10:00 A.M. on Sundays and 1:00 A.M. on Mondays, provided that
the licensee is in conformance with the Minnesota Clean Air Act.
Subd. 9 Hours of Consumption. No liquor or wine shall be consumed by any person
on, in or about the premises of any place licensed for the on-sale of liquor or wine after
1:30 A.M. of any day and prior to the time of that same day when such place, pursuant
to this Section, may again begin to sell liquor or wine.
900.08 Anti-Spiking.
Subd. 1 No Liquor or Wine in Non-Licensed Food Establishments. Except as
permitted by a license issued pursuant to this Section, no person shall take or carry any
wine or liquor into any food establishment as defined in Section 720 of this Code.
Subd. 2 Mixing or Sale for Mixing Prohibited. Except as permitted by a license
issued pursuant to this Section, no person shall mix with liquor or wine or sell for the
purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any
food establishment as defined in Section 720 of this Code.
Subd. 3 Illegal to Permit Mixing. Except as permitted by a license issued pursuant
to this Section, no person shall consume, or permit the consumption, mixing or spiking
of any beverage by adding to the same any liquor, in any building or place operated as a
food establishment as defined in Section 720 of this Code.
Subd. 4 Presumption.The fact that any person in any food establishment, as defined
in Section 720 of this Code, sold any liquid or beverage to a person who thereupon and
therein added to such liquid or beverage any liquor or wine shall be prima facie evidence
that such liquid or beverage was sold by such person for the purpose of adding liquor or
wine and shall be prima facie evidence that such person and the person's employer
permitted the mixing or spiking of such liquid by adding wine or liquor.
900.09 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant to this
Section, establishments or clubs that directly or indirectly allow the consumption or display of
wine or liquor, or knowingly serve any liquid for the purpose of mixing with liquor or wine, shall
be prohibited. Permits for bottle clubs issued by the Commissioner under M.S. 340A.414 shall
not be approved by the Council.
PART C - SPECIAL REQUIREMENTS FOR CLUB AND TEMPORARY
ON-SALE LIQUOR LICENSES
900.10 Special Licensing Requirements. In addition to the requirements imposed by
900- 8
City of Edina Liquors 900.14
Subsection 900.06, a club on-sale liquor license may be issued only to a club which held a license
prior to January 1, 1940, for the sale of intoxicating liquor. No license shall be issued to any club
which after January 29, 1934, has been convicted of any wilful violation of any law of the United
States or any provision of State Law, or any local ordinance, with regard to the manufacture, sale,
or distribution of intoxicating liquor, nor to any club which has any license issued under this
Section revoked after said date for any wilful violation of this Code or such laws.
900.11 Sunday Sale License. No person, directly or indirectly, upon any pretense or by any
device, shall sell any intoxicating liquor on Sunday without first having obtained a Sunday sale
license. To obtain such license a person must have a club on-sale liquor license and comply with
the provisions of Subsection 900.06, Subd. 1.
900.12 Temporary License. A temporary on-sale intoxicating liquor license may be issued
on the following terms and conditions:
A. Such license shall be issued only to the holder of a then current club on-sale liquor
license.
B. No more than one such license shall be issued during each calendar year.
C. Such license shall permit the licensee to sell intoxicating liquor only in connection with
the Edina Foundation Ball.
D. Such license shall allow the on-sale of liquor and wine only, and only on the premises
described in the license.
E. Such license shall be issued for one period of time, the length of which does not
exceed 24 consecutive hours.
PART D- SPECIAL REQUIREMENTS FOR ON SALE NON-INTOXICATING
MALT LIQUOR LICENSES
900.13 Special Licensing Requirements. In addition to the requirements imposed by
Subsection 900.06, non-intoxicating malt liquor licenses shall be issued only to (i) private clubs
which have been incorporated for more than ten years and which own and operate club houses
for their members in which the serving of such liquor is incidental to and not the major purpose
of such club, (ii)restaurants, (iii) golf courses, (iv) indoor recreational facilities which are a part
of or within a public park, (v)bowling centers and (vi) hotels as defined in M.S. 340A.
900.14 Place of Serving and Consumption. Non-intoxicating malt liquor shall be served and
consumed at tables in the dining or refreshment room on the licensed premises, and shall not be
consumed or served at bars; provided,the same may be served at counters where food is regularly
served and consumed.
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City of Edina Liquor 900.15
900.15 Temporary On-Sale License. Temporary on-sale non-intoxicating malt liquor
licenses may be issued on the following terms and conditions:
Subd. 1 Applicant Requirements. Such licenses shall be issued only to applicants
which are:
I
A. A corporation or organization organized for service to the community, state,
or nation, for social purposes, for the promotion of sports or for the promotion
of persons to elective office, where the serving of non-intoxicating malt liquor is
incidental to and not the main purpose of the organization; or charitable or
religious corporations for and to which gifts are deductible from the income of the
donor under the Internal Revenue Code of 1986, as now enacted or as
supplemental or amended; and
B. Which meet all the following requirements by presentation of evidence
satisfactory to the Manager:
1. Applicant must have been in existence and actively engaged in programs
intended to further and promote the purposes for which organized for a
period of at least 18 consecutive months prior to the date application is made
for such license.
2. Applicant must be organized for one or more of the purposes set out in
paragraph A. of this Subd. 1 and not for the sole or main purpose of
obtaining such license.
Subd. 2 License Restrictions.
A. Not more than two such licenses shall be issued to any one corporation or
organization in a calendar year, and there shall be at least 30 days between the
license issue dates.
B. Not more than four such licenses shall be issued to any one location in a
calendar year.
C. Only one such license shall be issued for any date.
D. Each such license shall allow the on-sale of non-intoxicating malt liquor only,
and only on the premises described in, and for the days specified in, the license.
E. Each such license shall be issued for three consecutive days only.
Subd. 3 Application for Temporary License. An application for a temporary license
900- 10
City of Edina Liquor 900.16
shall be submitted and processed pursuant to Subsection 900.06, including payment of
the fee in the amount as set forth in Section 185 of this Code. The fee shall be non-
refundable.
Subd. 4 Applicants to Which License Requirements Apply. The provisions of
Subsection 900.13 shall not apply to licenses issued pursuant to this Subsection.
Subd. 5 Transfer of License. Once granted, and upon application made at least five
days in advance of the dates for which the license is issued, an applicant may request a
transfer of the license to another period of three consecutive days. The Manager may
grant such transfer if no temporary on-sale non-intoxicating malt liquor license has been
issued for that same time period.
PART E- SPECIAL REQUIREMENTS FOR ON-SALE WINE LICENSES
900.16 Special Licensing Requirements; Fees. In addition to the requirements imposed by
Subsection 900.06, the following special requirements shall apply to on-sale wine licenses.
Subd. 1 Licensed Premises. On-sale wine licenses shall be issued only to premises
that meet the following requirements:
A The premises must be a restaurant having seating capacity for not fewer than
30 guests at one time which is located in the R-1 District, or the PCD-1, PCD-2,
PCD-3 Subdistricts, or the Mixed Development District as established by Section
850 of this Code.
B. The premises must have an exclusive entrance from and exit to the exterior of
the building in which the license premises is located or to a public concourse or
public lobby, and have a physical barrier separating the licensed premises from
other areas so as to prevent the passing of patrons other than through the required
entrances and exits.
C. Have a valid food establishment license issued pursuant to Section 720 of this
Code and have adequate space, as determined by the Sanitarian, for the storage,
preparation and handling or service of food and wine.
D. The premises must be under the control of the licensee.
E. The premises must have been approved by the Commissioner.
F. The premises shall not be increased in size or changed in seating capacity
during the then license period.
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City of Edina Liquor 900.16
G. The premises shall have not more than 15% of its seating capacity located at
a bar or service counter during the license period.
Subd. 2 Licensed Person. The on-sale wine licensee must:
i
A. Be an individual owner, a partnership or a corporation.
B. If an individual, not have(i)been convicted, within the five years prior to the
application for a license, of any violation of any law of the United States, the
State, or any other state or territory, or of any local ordinance with regard to: (a)
the manufacture, sale, distribution orP ossession for sale or distribution of
intoxicating liquor or other controlled substances as defined by State Statute, (b)
gambling, (c)theft, or(d)vice; or(ii) had an intoxicating liquor license, including
a wine on-sale license, revoked for any violation of any statutes, ordinances or
regulations relating to the manufacture, sale, distribution or possession of liquor
or wine.
i
I
C. Have a manager, licensed under Subd. 6 of this Subsection in charge of and
on the licensed premises at all times during which the licensed premises are open
for business.
i
D. Sign a statement indicating that the licensee has reviewed and understands the
pertinent provisions of this Section and applicable State laws.
i
E. Not have applied for nor hold a federal wholesale or retail liquor dealer's
special stamp or a federal or State gambling or gaming stamp or license.
F. Not be an employee or elected official of the City.
G. Not have falsified any information given either in the application or in the
process of investigation.
H. On renewal, not have been found in violation of any provision of this Section
or applicable State Law.
i
I. If an individual, be a U.S. citizen or resident alien.
J. Not be financially indebted to a person who is disqualified under paragraphs
B., E., or F. of this Subd. 2.
i
Subd. 3 Additional Information on Application. In addition to the requirements
set forth in Subsection 900.06, the applicant, in the application form, shall provide all
information required by the State Department of Public Safety and other information as
deemed necessary by the City during the application process to determine compliance
900- 12
City of Edina Liquor 900.16
with the provisions of this Section and applicable State Law.
Subd. 4 Renewal Applications. On-sale wine license renewal applications shall be
made at least 60 days before and not earlier than 150 days before the expiration date of
the license. A manager's license renewal application shall be made at least 30 days before
and not earlier than 150 days before the expiration date of the license. If, in the judgment
of the Council as to on-sale wine licenses, and in the judgment of the Manager as to
manager's licenses, good and sufficient cause for the applicant's failure to apply for a
renewal within the time provided is shown, the Council, or Manager, as the case may be,
may, if the other provisions of this Section are complied with, grant the license.
Subd. 5 Investigation Fees and Deposit. Upon application, the applicant shall
deposit$500.00 with the City for the investigation fee. If the investigation requires out-
of-state investigation, an additional$2,000.00 shall be deposited before further processing
of the application by the City. The cost of the investigation shall be based on the expense
involved,but in no event shall it exceed$500.00 if the investigation is limited to the State
or$10,000.00 if outside the State. All deposit monies not expended on the investigation
shall be refunded to the applicant. All investigative expenses incurred in excess of the
deposit shall be paid prior to consideration of the license application by the Council.
Investigation fees for license renewal shall not exceed $100.00 unless there is a change
of ownership of more than 10% cumulatively over the then existing license period.
Subd. 6 Manager's License. The individual or individuals in charge of the licensed
premises pursuant to paragraph C. of Subd. 2 of this Subsection shall be licensed pursuant
to this Subd. 6.
A. Each individual manager shall apply for a manager's license on application
forms provided by the Clerk. The application shall be accompanied by the fee in
the amount set forth in Section 185 of this Code. The application shall be
processed in a manner similar to that for an on-sale wine license except a
manager's license shall be granted or denied by the Manager. Each application
shall describe the licensed premises to be managed by the applicant. The
manager's license shall be restricted to the licensed premises described in the
application and shall not be transferable to any other individual.
B. No investigative fee shall be required for a manager's license application, but
if investigated with an application for an on-sale wine license and if investigation
of the proposed manager for the licensed premises results in additional expense,
or out-of-state investigation, additional deposits may be required to be made
under Subd. 5 of this Subsection.
C. The applicant for a manager's license, in order to be issued a manager's license
hereunder, shall and must comply with all requirements of this Section and State
Law which are applicable to an applicant for a manager's license including,
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City of Edina Liquor 900.17
without limitation, Subd. 2 of this Subsection and Subsection 900.11.
Subd. 7 Training Requirement. No on-sale wine license or a manager's license shall
be issued unless the applicant therefore shall have complied with the training requirements
imposed by this Subd. 7.
A. On-Sale Wine License. Within 30 days following the issuance of a new on- j
sale wine license,the licensee shall submit evidence satisfactory to the Clerk that
not less than 75% of the employees authorized to serve or sell wine or liquor on
the licensed premises have completed an alcohol awareness program approved by
the Police Chief. An applicant for the renewal of an on-sale wine license shall
submit evidence satisfactory to the Clerk that not less than 75% of the employees
authorized to serve or sell wine or liquor on the licensed premises have, not more
than 90 days prior to the date of the application, completed an alcohol awareness
program approved by the Police Chief.
B. Manager's License. An applicant for the issuance or renewal of a manager's
license shall submit evidence satisfactory to the clerk that the manager has, not
more than 90 days prior to the date of application, completed an alcohol
awareness program approved by the Police Chief.
900.17 Conditions of Sale. In addition to the requirements of Subsection 900.07, the following
special requirements shall apply to the on-sale of wine.
Subd. 1 Percentage of Food Sold. No person, directly or indirectly, upon any
pretense or by any device, shall sell any wine unless at least 60 percent of the gross
receipts of the licensed premises on an annual basis are attributable to the sale of food.
This requirement shall be established by an affidavit of the licensee on a form provided by
the Clerk. The affidavit shall be given with each application for issuance or renewal on
an on-sale wine license, or at other time as the clerk may request. If the application is for
the renewal of an on-sale wine license, the affidavit shall also include the actual
percentage of gross receipts attributable to the sale of food during the immediately
preceding 12 month period. The Clerk, at any time and from time to time, may require
that any such affidavit be verified and confirmed, on a form provided by the Clerk, by a j
Certified Public Accountant who is a member of the Minnesota Society of Certified Public
Accountants. Failure or refusal of a licensee to give such affidavit with such application,
or on request of the Clerk, or any false statement in any such affidavit, shall be grounds
for denial, suspension or revocation of all licenses held by such licensee for the on-sale
of wine.
Subd. 2 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume may
be sold or consumed.
Subd. 3 Denied Sales or Consumption. No sales or consumption of wine shall be
900- 14
City of Edina Liquor 900.20
permitted beyond the licensed premises.
Subd. 4 Container Volume Restrictions. Wine may not be sold, served or
consumed in containers larger in volume than one liter.
Subd. 5 Sale Prices for Wine. No licensee shall promote the consumption of wine
on the licensed premises by any means or methods which result in wine prices which are
less than those normally charged on the then regularly used menu, including, but not
limited to, two-for-one or similar offers, prizes, coupons, games or barters.
Subd. 6 Diluting, Changing, or Tampering with Wine Prohibited. No licensee
shall sell, offer for sale or keep for sale,wine in any original package that has been refilled
or partly refilled. No licensee shall directly or through any other person, dilute, or in any
manner tamper with,the contents of any original package so as to change its composition
or alcoholic content while in the original package. Possession on the premises by the
licensee of any wine in the original package differing in composition, alcoholic content or
type from the wine received from the manufacturer or wholesaler from whom it was
purchased shall be prima facie evidence that the contents of the original package have
been diluted, changed or tampered with.
Subd. 7 Sunday Sales. Holders of wine licenses may sell wine during the same hours
on Sunday as holders of Sunday sale licenses may sell intoxicating liquor.
Subd. 8 State Law. All applicable provisions of State Law shall be complied with in
connection with the on-sale of wine.
PART F- SPECIAL REQUIREMENTS FOR ON-SALE
OF INTOXICATING MALT LIQUOR
900.18 License Requirements. No person, directly or indirectly,upon any pretense or by any
device, shall sell at on-sale any intoxicating malt liquor unless such person, and the premises
where such sale is to be made, then has in force and effect (i) a license validly issued by the City
for the on-sale of wine, and (ii) a license validly issued by the City for the on-sale of non-
intoxicating malt liquor.
900.19 Conditions of Sale. No person, directly or indirectly, upon any pretense or by any
device, shall sell any intoxicating malt liquor unless in full compliance with the requirements
imposed by Subsection 900.07 and Subsection 900.1$ of this Code.
PART G- MISCELLANEOUS
900.20 Headings. For purposes of this Section,the Parts A through G and the language with
each Part, shall be a part of this Section and used in interpreting this Section.
900 - 15
I
City of Edina Liquor 900.22
900.21 License Revocation or Suspension. The penalty and remedy provisions of M.S.
340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to
enforce this Section in addition to the provisions of Sections 100 and 160 of this Code. Provided,
however,the hearing required by said Statute before a license can be suspended or revoked shall
be before the Council and shall be held pursuant to the procedures set forth in Section 160 of this
Code.
i
900.22 Incorporation by Reference. The provisions of M.S. 340A. which are referenced in
this Section are hereby adopted and incorporated by reference and made a part of this Section, j
including all regulations of the Commissioner which relate to such incorporated provisions of
M.S. 340A.
History: Ord 902 adopted 1-11-84; amended by Ord 902 AI 4-24-85; Ord 902-A2 12-I1-85;
Ord 902-A3 4-23-86; Ord 902-A4 6-25-86; Ord 902-A6 12-19-89; Ord 902-A 7 5-23-90; Ord
902-A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9; Ord 902-A 10 4-10-91; Subsection 900.22
repealed by Ord 1993-11-20-93; Ord 1993-1110-2 7-93; Subsection 900.26 repealed by Ord
1994-1010-12-94; amended by Ord 1995-1112-19-95
Reference: Minnesota Laws 1973, Chapter 441 (Sunday sale licenses for clubs);Minnesota
Laws, 1980, Chapter 410 (Sales at Edina Foundation Ball), M.S. 340A, 349
Cross Reference: Sections 100, 160, 185, 720, 850; Subsection 115.12
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900 - 16
City of Edina Streets and Parks 1230.02
Section 1230 - Conduct in Parks and Public Places
1230.01 Definitions. Unless the context clearly indicates otherwise, the following words and
phrases have the meanings given in this Subsection.
Park Property owned by the City which is used or is usable for park, recreation or open
space purposes.
Programmed Park. Any enclosed park in which activities are programmed or scheduled
by the Park Director, including, but not limited to Edinborough Park.
Publicly Owned Property. Any property owned by the City, County or State.
Sidewalk. An improved thoroughfare located on a public right-of-way or public
easement limited to usage by pedestrians and non-motorized vehicles.
Sidewalk Cafe. Tables, chairs, benches and appurtenant equipment located on a
sidewalk(i)for the exclusive use by patrons of an abutting food establishment as defined
by Section 720 of this Code, or(ii)where the service of food or beverages is offered to
persons using such tables, chairs and benches.
Street.A right-of-way which is used or is usable as a public thoroughfare for motorized
or non-motorized vehicles or pedestrians. "Street" as used herein includes public
highways, streets, roads, and alleys.
1230.02 Conduct in Parks,Streets,Sidewalks,and Publicly Owned Property. No person,
in any park, street, sidewalk or publicly owned property, shall:
A. 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.
B. 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.
C. 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 or her property subject to the permission of the Park
Director.
D. Remove any wild flower, tree, shrub, plant, branch or portion thereof, or any soil or
other material.
1230- 1
City of Edina Streets and Parks 1230.02
E. Go on foot or otherwise upon grass or turf where a prohibitory sign is posted.
F. 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.
G. Deposit, place or leave any paper, rubbish, waste, cans, bottles, or refuse of any kind
i
except in receptacles provided for the collection of waste.
H. Deposit, place, or leave in publicly owned waste receptacles refuse generated from
normal household or business activities.
I. Start or maintain any fire except small fires made by picnic parties in those locations
in parks designated for that purpose by the City.
J. Abandon any fire made pursuant to paragraph I. of this Subsection without completely
extinguishing the fire and depositing the ashes or coals from such fire, after they have
cooled sufficiently, in receptacles provided for waste.
K. Perform acts prohibited by Section 1000 of this Code.
i
M. 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 paragraph 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 Manager, or done
by any person with a valid trapping license issued by the State and with the written
permission of the Manger. All trapping shall be done in accordance with State Law.
i
N. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
O. Consume intoxicating or non-intoxicating malt liquor, wine, or intoxicating liquor, as
defined in Section 900 of this Code, except that:
1. Non-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 rule and regulations of the Park
Director pursuant to Subsection 1230.06 in the following places:
a. Inside the clubhouse of a golf course.
1230- 2
i
i
City of Edina Streets and Parks 1230.03
b. Inside a programmed park or indoor recreational facility located in a
park, except picnic shelters, warming houses, ice arenas or maintenance
buildings.
c. Within the ballfield complex of Van Valkenburg Park.
2. Non-intoxicating malt liquor, intoxicating malt liquor, and wine may be
consumed at sidewalk cafes which are licensed in accordance with Section 900 of
this Code and which are authorized by a permit issued pursuant to Subsection
1230.07 of this Code.
P. Destroy, injure, or tamper with any sewer, storm sewer, water main, culvert or any
part thereof including manhole covers, tanks or valves.
Q. Hitch any animal to a lamp post, hydrant, drinking fountain, tree or other structure or
picket an animal to the ground.
R. 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 Subsection 1230.07 of this Code.
S. Place any vehicle to display the vehicle for sale or exchange.
T. Work, grease, repair, change oil or maintain in any way a vehicle, except as
necessitated by an emergency.
U. Use a skateboard, roller skates, in line roller skates or blades, or similar devices, (i)
in a municipal parking facility, (ii) on or across a sidewalk within or adjoining property
in the PC-1,PC-2, or PC-3 Districts as defined by Section 850 of this Code, or(iii)upon
the traveled portion of a street. Notwithstanding the foregoing, roller skates or in-line
roller skates or blades may be used on the traveled portion of streets if no adjoining
sidewalk is present.
V. Feed any wild animal or bird, or deposit a food source for wild animals or birds.
1230.03 Additional Restrictions for Parks and Publicly Owned Properties. In addition to
the requirements of Subsection 1230.02,no person shall in any park or publicly owned property:
A. Place or keep any goods, wares, merchandise or other articles without the written
permission of the Park Director.
B. Participate in or conduct any band procession, parade or military formation without
the written permission of the Park Director.
1230-3
City of Edina Streets and Parks 1230.04
C. Promote or participate in an entertainment or exhibition without the written
permission of the Park Director.
D. Give any public speech or hold or participate in any rally, convention, assembly or
meeting without the written permission of the Park Director, which shall be withheld only
when necessary to prevent conflict with regular park activities.
E. Sell or offer for sale any article in any public park; provided, that refreshments or
other articles may be sold by the City or by persons authorized to do so by the Park
Director.
F. Be in or remain in, or park or leave any vehicle between the hours of 12 midnight and
6 AM., except when the vehicle is moving upon a street or when permitted by the Park
Director.
G. Drive or park a vehicle on any area not designated for parking or travel.
H. Take or allow any dog or other animal where forbidden by posted signs.
I. Take or allow any horse or other livestock upon any park, publicly owned property or
public waters without the written permission of the Park Director.
J. On any public skating rink, no person shall race, play games which interfere with the
general public use, use hockey sticks or pucks in areas not marked for hockey play, or
loiter in public warming houses.
K. Play or participate in baseball, diamond ball, basketball, football, golf, tennis, archery
or any other game or sport except in or upon appropriate areas established by the City for
such game or sport.
L. Play upon, use, or enter any publicly owned property without having first paid an
admission or entry fee when one is required.
M. Bathe or swim in water adjoining a park except at places and during hours shown by l
signs placed by the City.
1230.04 Additional Restrictions for Programmed Parks. In addition to the requirements of
Subsections 1230.02 and 1230.03, no person in a programmed park shall:
i
A. Act in a manner that is disruptive or distracting to programmed or scheduled
activities.
B. Use the park or any equipment in a manner inconsistent with the programmed or
scheduled activities.
1230- 4
City of Edina Streets and Parks 1230.05
C. Physically obstruct or hinder free passage on walkways and paths within the park.
D. Run or move rapidly along walkways or pathways within the park in a manner that
would interfere with sedentary use of the park or would be disruptive or dangerous to
pedestrian traffic within the park.
E. Be or remain within the park before or after posted hours of operation without written
permission of the Park Director.
F. Be or remain within any area of the park closed to public use without written
permission of the Park Director.
G. Walk,run, climb, sit, stand or be physically present in any area designed for or planted
with vegetation, or be in any water area or other area not designed for human activity.
H. Use any electric sound receiving,transmitting or reproducing device in such a manner
as to annoy or disturb persons within the park, or disturb or interfere with programmed
or scheduled activities.
I. Use or consume alcoholic beverages contrary to this Code or contrary to any rules and
regulations of the Park Director or contrary to any license or lease by which the user or
consumer is within the park.
J. Use or consume alcoholic beverages not dispensed by a person or group duly licensed
by the City to use the park.
K. Use tobacco in any form.
L. Operate skateboards, roller skates, in line roller skates or blades, bicycles, scooters,
or similar vehicles or devices, unless part of a programmed or scheduled activity.
M. Act disorderly.
N. Trespass.
1230.05 Additional Requirements for Waterbodies. In addition to the requirements of
Subsection 1230.02, no person shall on any lake, pond or stream within the City:
A. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
B. Use any mechanically propelled boat or other watercraft unless being used for
emergency rescue or the maintenance of the lake, pond, or stream.
1230 - 5 1
City of Edina Streets and Parks 1230.07
C. Use any watercraft unless in full compliance with State Law and the rules and
regulations of the State Commissioner of the Department of Natural Resources including
the use of personal floatation devices.
D. Erect or maintain a shelter on the ice unless the shelter is portable and is removed
each day.
E. Start or maintain any fire on the ice provided that a manufactured heater using liquid
or gaseous fuel may be used.
1230.06 Additional Rules and Regulations. The Park Director may adopt additional rules
and regulations not contrary to the provisions of this Code governing the use and enjoyment of
parks, programmed parks, playgrounds, lakes, ponds, streams and other publicly owned
properties which shall be prominently posted or publicly announced in the places where they are
intended to apply. Any person who violates a rule or regulation so posted may be excluded from
the use of the park, programmed park, lake, pond, stream or other publicly owned property and
may in addition be prosecuted as for a misdemeanor. j
1230.07 Special Permits for Pushcarts and Sidewalk Cafes. Notwithstanding the
requirements of this Section 1230, certain pushcarts and sidewalk cafes are permitted on
sidewalks subject to the requirements of this Subsection.
Subd. 1 Pushcarts. Pushcarts, as defined by Section 720 of this Code, may be
located on sidewalks within the area included in the plan prepared by the HRA entitled,
"50th and France Commercial Area Plan" dated December 3, 1974, subject to a permit
issued pursuant to this Subdivision.
A. In addition to the requirements of Section 160 of this Code, no permit shall
be issued for a pushcart unless the following requirements are met:
I
1. The pushcart must be licensed in accordance with Section 720 of this
Code.
i
2. The applicant for a permit must possess a valid food establishment license
or take-out food license, pursuant to Section 720 of this Code, for a food
establishment located in the 50th and France commercial area.
i
3. The pushcart shall not exceed eight feet in length, four feet in width, and
eight feet in height.
i
i
4. The pushcart shall be equipped with casters or wheels to permit ease of
movement.
1230- 6
I
City of Edina Streets and Parks 1230.07
5. The pushcart shall be equipped with facilities for the disposal of trash
generated by the pushcart.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
1. Pushcarts shall be parked on public sidewalks and walkways only in those
locations specified in the permit.
2. Pushcarts shall be stored indoors following the close of business each day.
3. Only food or beverages for immediate consumption may be offered from
the pushcart.
4. Cleaning, servicing, and maintenance of the pushcart shall be undertaken
only in an area approved by the Sanitarian.
C. Permits issued pursuant to this paragraph shall expire on March 31 of each
calendar year.
D. The number of permits which may be in force under this Subd. 1 at any one
time shall not exceed six.
Subd. 2 Sidewalk Cafes. Sidewalk cafes may be located on sidewalks subject to a
permit issued by the City Manager pursuant to this Subdivision. Applications for a
sidewalk cafe 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 proposed sidewalk cafe together
with distances and dimensions of the adjoining buildings,the sidewalk, the distance to and
location of the traveled portion of the street and distances to all obstructions in the
vicinity. The application shall be accompanied by the fee set forth in Section 185 of this
Code. If the application is denied, the application fee less $100 shall be returned to the
applicant.
A. In addition to the requirements of Section 160 of this Code, no permit shall
be issued or renewed for a sidewalk cafe unless the following requirements are
met:
1. The applicant must possess a valid food establishment license pursuant to
Section 720 of this Code.
2. A distance of at least 200 feet shall be maintained between the nearest
point of the sidewalk cafe to the nearest point of property used for residential
purposes.
1230- 7
City of Edina Streets and Parks 1230.07
3. The applicant must furnish to the Clerk, evidence that public liability
insurance has been procured for any death or personal injury arising from the
ownership, maintenance, or operation of the sidewalk cafe in amounts not
less than$100,000 for injury to or death of one person, of$300,000 for any
one incident, and not less than $50,000 for damage to property arising from
any one incident. The applicant 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.
4. The applicant shall indemnify and hold the City and the City's officials and j
employees harmless from any loss, cost, damage and expenses arising out of
the use, design, operation, or maintenance of the sidewalk cafe.
5. The area occupied by the sidewalk cafe shall abut and shall be operated
as part of the food establishment operated by the applicant. No part of the j
sidewalk cafe shall adjoin any premises other than the applicant's food
establishment.
I
6. The City Manager shall find that the sidewalk cafe will not unduly restrict
the safe usage of the sidewalk by the public after taking into consideration the
location of obstructions, vehicular traffic and other impediments to the
passage of pedestrians. The City Manager shall renew a permit only upon
finding that the operation of the sidewalk cafe complied with all provisions
of this Subdivision and did not constitute a nuisance as defined by Section
1035 of this Code.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of sidewalk cafes.
1. Only food or beverages for immediate consumption may be offered for
sale.
2. Intoxicating or non-intoxicating malt liquor or wine may be consumed
only if the sidewalk cafe is licensed pursuant to Section 900 of this Code.
3. No expansion of the area occupied by the sidewalk cafe from that shown
on the permit application shall be made.
4. No tables, chairs,funnishings, planters, railings or other obstructions shall
be placed or remain on the sidewalk between November 1 and April 1 except
on a day to day basis when the sidewalk cafe is open for business.
5. The applicant shall maintain the sidewalk cafe in a clean and sanitary
condition as required by Section 720 of this Code.
1230 - 8
i
City of Edina Streets and Parks 1230.08
6. The applicant shall promptly replace or repair any damage to the sidewalk
or other public property caused by the applicant's use of the sidewalk as a
sidewalk cafe.
C. Permits issued pursuant to this Subdivision shall expire on March 31 of each
calendar year.
1230.08 Exception. The provisions of this Section 1230 shall not apply to employees and
agents of the City who are performing job related duties under the direction of the Manager,
Engineer, or Park Director.
History: Ord 1222 codified 1970; amended by Ord 1222 AI 11-29-78; 1222-A2 11-28-79;
1222-A3 6-24-87, Ord 1993-5 4-28-93; Ord 1994-6 7-27-94; Ord 1995-6 8-17-95
Cross Reference: Sections 160, 720, 900, 1000
1230- 9
City of Edina Trades and Occupations 1305.08
Section 1305 - Scavengers
1305.01 Definition. "Scavenger", whenever used in this Section, means a person who
cleans, pumps, removes, transports, leases and disposes of the contents of private sewage
disposal systems or portable toilet devices as defined in Section 710 of this Code.
1305M. --license Required. No person shall act or render services as a scavenger within
the City without obtaining a license as provided in this Section.
130503 Aicense Procedure and Fee. The provisions of Section 160 and Section 165 of this
Code, including the penalty provisions, shall apply to the license required by this Section
and to each license holder except that licenses shall be issued or denied by the Sanitarian.
In addition to the information required by Section 160 and Section 165 of this Code, the
application for a license or renewal of license shall be accompanied by the fee set forth in
Section 185 of this Code and a description of the equipment which the applicant proposes
to use for scavenging in the City.
oz-
1305.04
?1305.04 Scavenging Equipment. All substances removed from any private sewage disposal
system or portable toilet device as defined in Section 710 of this Code shall be conveyed
to the place of disposal in tanks or other receptacles constructed of a metal or other non-
porous material provided with at least two manholes on the top thereof and an outlet at
the bottom, adequately capped to prevent any leakage.
2
1305. Overnight Storage. No vehicle containing any substance as described in
Subsection 1305.05 shall be stored overnight in any place in the City.
.
1305.66" Spilling. No substance as described in Subsection 1305.05 shall be allowed to
spill, splash, leak or become deposited any public street or alley, or on the surface of the
ground.
0
1305JW Disposal of Waste Material. No person shall deposit any substances as described
in Subsection 1305.05 anywhere in the City except into the City sanitary sewer system.
Such substances may be discharged into the system only at the places and at the times
designated by the Engineer and upon the scavenger's payment of the fee set forth in
Section 185 of this Code.
1305. Permit and Report Required.
Subd. 1 Permit. Before rendering scavenger services, the scavenger shall obtain
a permit from the Sanitarian. The application for permit shall be made on forms
provided by the Sanitarian and shall be accompanied by a permit fee in the amount
set forth in Section 185 of this Code. No permit shall be required for servicing a
portable toilet device as defined in Section 710 of this Code.
1305 - 1
i
City of Edina Trades and Occupations 1305.09
Subd. 2 Report. After rendering scavenger services to any premises in the City,
the scavenger shall notify the Sanitarian in writing that services have been so
rendered including in the notice (i) the name of the owner or occupant and the
address of the premises, (ii) date of the pumping, (iii) capacity of the tank, (iv)
percentages of scum and sludge, and (v) such other information as may be required
by the Sanitarian. In an emergency, the scavenger may render services at any
premises without a permit, provided verbal notification is given in advance to the
Sanitarian, if the emergency occurs within regular business hours, and provided a
permit is obtained on the next business day.
1305.64 Owner Responsibility. Persons may employ only a licensed scavenger to clean,
pump, remove, transport, or dispose of any substance from a private sewage disposal
system or toilet devise as defined in Section 710 of this Code, on property within the City
which is owned, rented, operated or managed by such persons.
History: Ord 1302 codified 1970, amended by 1302 Al 5-31-81, 1302-A2 12-2-81
Cross Reference: Sections 160, 165, 185, 710
1305 - 2
City of Edina Trades and Occupations 1325.05
Section 1325 - Sale of Tobacco; Licensing
1325.01 Tobacco Defined. "Tobacco" shall mean cigarettes, cigars, chewing tobacco, snuff,
smokeless tobacco, and any other tobacco product.
1325.02 License Required. No person shall keep tobacco for retail sale or sell tobacco at
retail in the City without first obtaining a license from the City. No license shall be issued for
the sale of tobacco at a movable place of business or from a vending machine.
1325.03 License Procedure; Fee; Penalties. The provisions of Section 160 of this Code,
including the enforcement and penalty provisions, shall apply to all licenses required by this
Section and to the holders of such licenses, except that licenses shall be issued or denied by the
Sanitarian. The application for a license shall be on forms provided by the Sanitarian and shall
be accompanied by the fee set forth in Section 185 of this Code.
1325.04 Term of License. Each license issued pursuant to this Section shall expire on March
31 of each calendar year.
1325.05 Rules and Regulations.
Subd. 1 Legal Age. No person shall sell any tobacco to any person under the age of
18 years.
Subd. 2 Controlled Substance. No person shall sell or keep for sale any tobacco
containing any controlled substance as defined in Section 1030 of this Code, except
nicotine or tobacco.
Subd. 3 Self-Service Merchandising. No person shall sell any tobacco by any means
whereby the customer may have access to such items without having to request
assistance from an employee of the licensed premises. All tobacco shall be stored of
displayed behind a sales counter or in other rooms or display areas which are not freely
accessible to customers. Provided however, the requirements of this Subd. 3 shall not
apply to establishments which prohibit persons under 18 years of age from entering the
establishment unless accompanied by a parent or legal guardian and a notice advising of
the prohibition is conspicuously displayed at all entrances to the establishment.
History: Ord 1322 adopted 7-11-90, amended by Ord 1997-4 5-22-97
Cross Reference: Sections 160, 1030
1325 - 1