The purpose of this Chapter is to establish comprehensive regulations governing the sale, service, manufacture and distribution of alcoholic beverages within the City of Fridley (City). This Chapter of the Fridley City Code (Code) provides licensing requirements and operational standards for all liquor-related establishments and activities, including but not limited to on-sale and off-sale establishments, temporary events, municipal liquor stores, breweries, taprooms, microdistilleries and liquor caterers. These regulations aim to ensure responsible service of alcohol, protect public safety and maintain orderly business operations in accordance with Minnesota Statutes (M.S.) Chapter 340A.

3.2% Malt Liquor: any malt liquor with an alcoholic content of more than .5% by volume and not more than 3.2% by weight Brew Pub: a restaurant attached to a brewery which manufactures fewer than 3,500 barrels of malt liquor annually, at any one licensed premises. The entire brewing production is solely for the sale and consumption of malt liquor on tap on any of the licensed premises owned by the brewer or for off-sale from the licensed premises as permitted by M.S. § 340A.24, Subd. 2 Brewer: a person who manufactures malt liquor for sale Brewer Taproom: a facility on or adjacent to the licensed brewery which allows for the on- or off-sale of malt liquor produced by the brewer. Club: an incorporated organization that is organized under the laws of the State of Minnesota (State) for civic, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans’ organization, which:

1. Has more than 30 members 2. Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members. 3. It is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent or employee may receive any profit from the distribution of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.

Commissioner: the Commissioner of the Minnesota Department of Public Safety. Distilled Spirits: ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. Entertainment: includes, but is not limited to, music; singing; plays; dancing, either by the public or performers; motion pictures; exposition; performances; male or female reviews; fashion shows; TV, other than regular public channels; concerts; or any other deliberate act intended to amuse or entertain patrons and/or employees. Event Center: an establishment that leases or rents space to public or private organizations or parties who contract, or allows parties to contract, with a licensed liquor caterer licensed by the State to provide food and alcohol in the City at a site other than the premises for which the on-sale intoxicating liquor license is issued. Floor Area: all the floor area of the various floors of a licensed premise measured to the centers of all partitions, except those areas primarily for non-service purposes including, but not limited to, dead storage, building management, toilets or restrooms, mechanical equipment rooms and kitchens. Floor area is used to calculate the license fee. Banquet facilities used less than five times per week, on average, are counted at one-half actual size. Intoxicating Liquor: ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2% of alcohol by weight. Liquor Caterer: a caterer who serves food and alcohol at private events, that also has a valid State liquor catering permit, an on-sale liquor license or on-sale wine license and a State food catering license. Liquor Catered Event: a private social gathering whereby a public or private party contracts with a Caterer to provide food and/or alcohol in the City at a site other than the premises for which an on-sale intoxicating liquor license is issued. Lodging Establishment: a building, structure, enclosure or any part thereof used as, maintained as, advertised as a place where sleeping accommodations are furnished to the public for periods of less than seven calendar days. Manufacturer: every person who, by any process of manufacturing, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquors for sale. Microdistillery: a distillery operated within the State producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. Microdistillery Cocktail Room: a facility on or adjacent to the licensed distillery which allows for the sale of distilled spirits in an on-sale capacity. On-Sale: the sale of intoxicating liquor by glass or by the drink for consumption on the licensed premises only. Original Package: a container or receptacle holding alcoholic beverages which are sealed or corked by a manufacturer on the licensed premises. Religious Institution: a building which is principally used as a place where people of the same faith regularly assemble for public worship. Restaurant: any establishment, other than a hotel or bowling center/restaurant, under the control of a single proprietor or manager, having a kitchen and other facilities to serve meals and where, in consideration of payment therefore, meals are regularly served at tables to the public. Such an establishment employs an adequate staff for the usual and suitable service to its guests, and the business of serving food and/or intoxicating liquor for a license year is a minimum of 40% of the total gross sales of the business. Vending machines or food truck sales will not be included as food sales revenue. Sale, Sell or Sold: includes the giving, bartering, providing, or furnishing of liquor in exchange for any payment or compensation, including any sale of or charge for or any other value-based transaction for the provision of a glass, pitcher, cup or other container which is then utilized for the possession and consumption of liquor. A sale is also defined as the charging of any cover charge to enter the premises for the purpose of receiving liquor requiring no further payment or compensation. Wholesale: any sale for purposes of resale. The term "wholesale" means any person engaged in the business of selling intoxicating liquor to retail dealers. Wine: the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use.

1. Conditions

(a) State License Required. No person, except wholesalers or manufacturers to the extent authorized under a State license, may directly or indirectly deal in, sell, or keep for sale any intoxicating liquor or 3.2% malt liquor without first having received a license to do so as provided in this Chapter. There are six types of liquor licenses:

(1) Liquor On-Sale License (2) Liquor Off-Sale License (3) Liquor Manufacturer License (4) Liquor Caterer License (5) Temporary Intoxicating Liquor Permit (6) Municipal Liquor.

(b) Sunday Sales. No person may sell any intoxicating liquor on Sundays without obtaining a separate license for Sunday sales, as required by M.S. § 340A. (c) Late Night Endorsement. No person may sell any intoxicating liquor after 1 a.m. without obtaining a special Late Night License Endorsement or a Holiday Endorsement for an existing liquor license as provided in this Chapter. (d) Insurance

(1) A Certificate of Insurance proving commercial general liability coverage of not less than $1 million for each occurrence, or a $2 million annual aggregate. No retail license may be issued, maintained or renewed unless the applicant provides proof of insurance as laid out in M.S. § 340A.409. (2) A liability insurance policy required by this Chapter must provide that it may not be cancelled for any cause, except for non-payment of premium, either by the insured or the insurance company without the canceling party giving 60 days’ notice to the insured. The insurer must also send notice to the City at the same time that a cancellation request is received from, or a notice is sent to the insured. (3) A liability insurance policy required that contains annual aggregate limits of liability must require the insured to buy additional coverage after any claim is made that reduces the coverage under the policy below the requirements of this Chapter.

(e) Persons Ineligible. No license will be granted or held by any person:

(1) Under 21 years of age. (2) With a questionable reputation or history of unethical behavior. The Fridley City Council (Council) has the authority to review an applicant's previous work experience in alcohol-related businesses (including bars, restaurants, hotels, breweries, and similar establishments) where they served as owner, manager, employee, or investor. This past performance will be considered when deciding whether to grant or renew a license. (3) Is not eligible to work in the United States. (4) Who has been convicted within five years prior to the application of such license, of a felony or willful violation of any law of the United States, the State, or any other state or territory, or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of an alcoholic beverage, or whose liquor license has been revoked for any violation of any law or ordinance. (5) Who has a direct or indirect interest in a manufacturer, brewer, or wholesaler of intoxicating liquor except for a brew pub. No manufacturer or wholesaler may either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. (6) Who, if a corporation or other entity, does not have a manager who is eligible pursuant to the provisions of this Section. (7) A person who:

((a)) Has had a license or registration issued pursuant to M.S. § 342 or M.S.§ 151.72, subdivision 5b, revoked. ((b)) Has been convicted of an offense under M.S. § Section 151.72, subdivision 7; or ((c)) Has been convicted under any other statute for the illegal sale of marijuana, cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or edible cannabinoid products and the sale took place on the premises of a business that sells intoxicating liquor or 3.2 percent malt liquor to customers. ((d)) is the spouse of a person ineligible for a license pursuant to the provisions of this Chapter or who, in the judgement of the Council, is not the real party in the interest of the beneficial owner of the business operated, or to be operated, under the license as outlined in M.S. § 340A.402.

(f) Places Ineligible

(1) No license will be granted or renewed for operation on any premises on which financial claims of the City, County, State or other local regulatory authority are due, delinquent or unpaid. (2) The premise is within 400 feet of a school or religious building, measured in a started line from building to building. There are two exceptions:

((a)) If applicant is applying for a temporary liquor license ((b)) If applicant is a municipal establishment that existed when this law was created. Also, if the premises already have a liquor license and then a school or building opens within 400 feet, the license can still be renewed.

(3) No on-sale licenses will be granted for a brew pub, restaurant or hotel that does not have a minimum total building area of 5,000 square feet, with a minimum kitchen and dining area of 2,000 square feet and with a minimum seating capacity that is open to the public of 130 square feet.

2. License Application. Every application for a license to sell intoxicating liquor in an on-sale or off-sale capacity will be verified and filed with the City Clerk. In addition to the information which may be required by the Commissioner, the application must contain the following:

(a) Whether the applicant is a person, corporation, partnership or other form of organization. (b) The type of license the applicant seeks. (c) If the applicant is a natural person, the following information:

(1) Legal name, place and date of birth, and street address. (2) Whether the applicant has ever used, or been known by, a name other than the applicant’s legal name and, if so, what was such name, or names, and information concerning dates and places where used. (3) If the name of the business is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certificate, as required by M.S. Chapter 333, certified by the Clerk of District Court, must be attached to the application. (4) Whether the applicant is married or single. If married, legal name, place and date of birth, and residential street residence of applicant’s present spouse. (5) Street addresses at which applicant and present spouse have lived during the preceding 10 years. (6) Type, name and location of every business, or occupation, applicant or present spouse have been engaged in during the preceding 10 years. (7) Names and addresses of applicants’ and spouse's employers and business partners, if any, for the preceding 10 years. (8) Whether applicant or spouse, or a parent, brother, sister, or child of either of them has ever been convicted of any felony, crime or violation of any ordinance, other than traffic. If so, the applicant must furnish information as to the time, place and offense for which convictions were had. (9) Whether applicant or spouse, or a parent, brother, sister, or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, the applicant must furnish information as to the date, place and length of time. (10) For any liquor license application, applicant must disclose information about close relatives who work in the State’s liquor industry. Specifically list the name, home address and business address of any family member who sells, makes or distributes liquor in the State. This includes relatives closer than second cousin to the applicant or their spouse, applicant’s siblings’ spouses, applicant’s spouse’s siblings’ spouses. This applies to full and half-blood relatives. (d) If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant as listed above. A managing partner, or partners, must be designated. The interest of each partner in the business must be disclosed. A true copy of the partnership agreement must be submitted with the application and, if the partnership is required to file a certificate as to a trade or assumed name under the provisions of M.S. Chapter 133, a copy of such certificate certified by the Secretary of State must be attached to the application.

3. License Approval

(a) The Council will conduct a hearing to consider all decisions related to liquor licenses pursuant to this Chapter at a regularly scheduled Council meeting. (b) All license applicants are required to attend the hearing of the Council at which their license application will be considered. If a license applicant is not in attendance the hearing will be continued until the next regularly scheduled meeting.

4. On-Sale Additional Requirements

(a) Corporation, company, non-profit corporation or other legal entity applicants must provide the following:

(1) Name, and if incorporated, the state of incorporation (2) Copies of the entity’s Certificate of Incorporation, Articles of Incorporation or Association Agreement and Bylaws, and if a foreign incorporation, a Certificate of Authority as described in M.S. § 303. (3) Name and manager or proprietor or other agent in charge of premises to be licensed, giving all information about said person as is required by single applicant

(b) Complete list of individuals who meet the criteria as follows:

(1) Individuals who own or control more than 5% of the corporation or association, whether individually or combined with their spouse or immediate family members (including parents, siblings or children). (2) Individuals who serve as officers of the corporation or association.

(c) The exact legal description of the premises to be licensed and including a plot plan of the area showing dimensions, locations of buildings, street access, parking facilities and the location of distances to the nearest church building and school grounds. (d) The floor number and street number of the building where the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be sold or consumed and floor plan of the dining room(s) that must be open to the public showing dimensions that indicate the number of people intended to be served in each room. (e) The amount of investment that the applicant has in the property and assets. (f) The names and addresses of individuals other than the applicant who have any financial interest in the business, property or assets. (g) The names, residences and business addresses of three individuals of good character, not related to the applicant or financially interested in the premise or business, who may be contacted as reference to the applicant’s character, or in the case where information is required of a manager, the manager’s character. (h) Whether or not all real estate, special assessments and personal property taxes for the premises to be licensed have been paid, and if delinquent, the years and amounts that are unpaid. (i) When applying for an on-premises liquor license for a location that is planned, under construction, or being significantly renovated, the applicant must submit preliminary design plans for the proposed establishment along with the application.

(1) Applicants must provide site plans showing:

((a)) Property and building locations ((b) Parking areas ((c)) Landscaping details ((d)) Screening features ((e)) Parking must accommodate one 10 x 20-foot parking space for every three seats in the establishment.

(2) Applicants must submit detailed floor plans that include:

((a)) Complete layout of the establishment ((b)) Total seating capacity ((c)) Any proposed enlargements, alterations, or extensions to existing structures

(3) The Community Development Department and Fire Marshal must review and approve all plans and specifications before a building permit will be issued. (4) The City can request additional information as they deem necessary to complete their review

(j) Total revenue must be a 60:40 ratio of liquor to food.

5. On-Sale Wine License Requirements

(a) No person operating a restaurant may sell or permit any wine to be sold on said premises without having been issued an On-Sale Wine License or an On-Sale Intoxicating Liquor License. An On-sale Wine License permits only the on-sale of wine not exceeding 24% alcohol by volume in conjunction with the sale of food. (b) No wine license may be issued to any restaurant having seating capacity of less than 25 people.

6. On-Sale Gambling Endorsement Requirements

(a) On-sale licensees under the provisions of the Lawful Gambling Chapter may request permission of the Council to permit State licensed organizations to conduct lawful gambling on the licensed premise. Application for gambling endorsement must be made to the City Clerk with payment of the specified fee listed in the fees chapter of the Code.

7. On-Sale Patio Endorsement Requirements

(a)The sale of alcoholic beverages pursuant to any of the licenses issued in accordance with this Chapter, with the exception of a temporary license, will be limited to the sale and consumption inside of a structure on the licensed premise, unless the licensee applies for and receives approval from the Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. (b) Regulations

(1) An outdoor patio cannot be enclosed in such a manner that the air becomes indoor air as defined by State law. (2) The patio must be attached to the licensed premises and share at least one common wall or side with the licensed premise building/structure. The adjacent area will not be part of a public street, sidewalk or other public grounds. (3) If part of the parking lot is used to install an outdoor patio, the patio must share one wall with the licensed premises. In addition, the licensed premise must continue to meet the parking requirements set by Code and the outdoor patio must not affect the circulation of traffic. (4) Access to the patio will be directly from the licensed premise with no direct access other than an emergency exit (exit only) equipped with alarm, from any area other than by passing through the normal interior public areas of the licensed premise. (5) The patio must be clearly delineated by a permanently installed fence, or other structure or barrier, at least 42 inches high to prevent the ingress or egress of persons to and from the patio. The fence must be designed and constructed in a manner that discourages or deters the passing of any regulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. (6) Panic and fire exit hardware must be installed on the fence or barrier and comply with the Minnesota Building Code. (7) Patios in direct contact with, or immediately adjacent to a parking area for motor vehicles, must have sufficient barriers installed, as defined by the Minnesota State Building Code, to reduce the likelihood of incursion of vehicles into the patio space. (8) The licensee will pay the Metropolitan Council Sewer Availability Charge (S.A.C.) unit(s) for outside seating. (9) The patio must be placed in an area to meet the State and federal accessibility requirements. (10) Live entertainment will be allowed in the patio area, but only between the hours of 9 a.m. and 10 p.m. Music, sound, or noise in the patio enclosure must always comply with the provisions of the Noise Chapter of the Code. (11) The sale and consumption of intoxicating liquor within the patio is limited to the normal business hours. No licensee, nor the employee, nor agent of any license may serve, dispense, possess, display, or in any manner furnish intoxicating liquor at any other time. (12) All other conduct pertaining to the licensed premises required by the Code or State law will apply.

(c) Application

(1) Any establishment to which an on-sale intoxicating, wine license, or liquor manufacturer license has been issued may apply for a patio endorsement. The application must contain a description of the outdoor area that is proposed to be licensed and must be accompanied by a drawing of the proposed area to be licensed. The application must also include a detailed description of the barriers that will be used, the method of seating, ingress and egress arrangements, security provisions, sanitary and fire safety arrangements and lighting. The drawings must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. (2) This application must be submitted to the City Clerk for review and comment by the Police Division, Fire Division and Community Development Division before submission to the Council. The City will review the suitability of the proposed licensed area in light of the applicable fire, building and life safety codes, zoning chapters of the Code, past performance of the licensee in maintaining order and obeying applicable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surrounding land, adequacy of lighting, appropriateness of noise level, suitability of ingress and egress arrangements including control of persons entering and leaving for purposes of preventing consumption by minors and safety of seating arrangements. (3) If patio endorsement is approved by the Council, the licensee is required to apply for and pay for the appropriate building permits and fees.

(d) Violations

(1) It is a violation of the Code for the license holder or any employees or agents of the license holder to permit or fail to permit people directly accessing the patio by means other than through the building on the premises. (2) It is a violation of the Code for the license holder or any employees or agents of the license holder, to allow any other person, to provide, furnish or give any liquor, tobacco products, weapons, or any other regulated, controlled, or prohibited items (for example, drugs, dice, cards, etc.) from one side of the fence or barrier to the other. (3) Any violation of the provisions of the Code or of State law regulating the sale of liquor which occurs in the patio area will be considered as a violation of the principal liquor license for the premises.

8. On-Sale Liquor Club Requirements

(a) The license must be posted at all times in a conspicuous place on the licensed premises. (b) No sale of liquor will be made to any person under guardianship or to any person under 21 years of age. (c) Only lawful gambling or lawful gambling devices permitted by the State of Minnesota and expressly authorized and permitted by the City pursuant to the Lawful Gambling chapter of the City Code are authorized on the licensed premises. (d) All licenses granted under this Chapter are only issued for the premises designated in the application. Such license may not be transferred to another premises without approval of the City. (e) No club license will be granted within 600 feet of any public school or within 600 feet of any church. (f) The licensed premises must be open to inspection by any Police, City staff or Public Health Official at any time during which the Club is open to its members for business. (g) The sale of intoxicating liquor under such license is restricted to members of the club and their bona fide guests. (h) The licensee must strictly observe all the laws relative to on-sale of intoxicating liquor as set forth in the Minnesota Statutes, together with all the rules and regulations of Minnesota Department of Public Safety Alcohol and Gambling Enforcement as they are applicable. (i) The liability insurance policy as required by this Chapter must be in full force and effect during the term of any license granted thereunder. (j) No licensee may permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet or body. Team sports in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey or softball are not included among activities prohibited by this section.

9. Off-sale 3.2 Malt Liquor License Requirements

(a) Every license will be granted subject to the provisions of this Chapter and of any other applicable ordinance of the City or State law. (b) No 3.2% malt liquor will be sold or served to any intoxicated person or any person under 21 years of age. (c) No person under the age of 21 will be permitted to consume 3.2% malt liquor on the licensed premises. (d) No person under 18 years of age can dispense, sell or serve any 3.2% malt liquor to any individual on the licensed premises. (e) No manufacturer or wholesaler of 3.2% malt liquor can have any ownership or interest in an establishment licensed to sell at retail. No retail licensee and manufacturer or wholesaler of 3.2% malt liquor can be parties to any exclusive purchase contract. No retail licensee will receive any benefits contrary to law from a manufacturer or wholesaler of 3.2% malt liquor and no manufacturer or wholesaler will confer any benefits contrary to law upon a retail licensee. (f) No licensee can sell 3.2% malt liquor while holding or exhibiting in the licensed premises a federal retail liquor dealer’s special tax stamp unless they are licensed under State law to sell intoxicating liquor. (g) Any police officer or health inspector may enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors and other evidence of violations found on the licensed premises in violation of this Chapter. (h) Licensees must be responsible for the conduct of their place of business and must maintain conditions of sobriety and order. Any employee on the licensed premises authorized to sell or serve 3.2% malt liquor will be deemed the act of licensee as well and the licensee must be liable to all penalties provided by this Chapter equally with the employee.

10. Liquor Caterer License Requirements. The holder of a State Catering License under the provisions of M.S. § 340A.404 may register to operate under said permit in the City by applying for a liquor caterer license. The license application must contain the business name, address, phone, email address, contact name and other information deemed necessary by the City Clerk or Public Safety Director. A caterer’s registration must be approved by the City Clerk. The registration under this section will expire on April 30 of each year.

(a) Conditions. Events that are catered in the City in accordance with M.S. § 340A.404 and this Chapter must comply with the following conditions:

(1) A caterer must keep a record of each event they provide services for in the City. The record must contain the contract, information about each event as required by the event notification and the gross amount of food and liquor sales showing the sale of intoxicating liquor was incidental to the sale of food. The records must be made available to the City upon request. (2) A caterer must staff the event with at least one employee from the original licensed establishment. (3) All servers of alcohol at a catered event must be at least 18 years of age and employees of the licensed establishment. (4) A caterer must complete a Temporary Intoxicating Liquor Permit at least 10 business days before the event. (5) No sale of alcoholic beverages is permitted after 1 a.m. (6) The property owner must give consent to a caterer to submit to and facilitate any site inspections by police, fire or the regulatory agency for enforcement of the registration or event. (7) Both the State license and City registration permit must be available for display upon the request of any law enforcement officer or investigator. (8) If an event is held outside, the application must define the premises to which the alcohol will be confined to a particular area. (9) The caterer must maintain adequate security for all its catered events in the City. The caterer must coordinate security with the host facility. (10) Holders of a caterer permit licensed under this Chapter must comply with all provisions of Minnesota Statures, ordinances and rules governing the retail sales of alcoholic beverages.

(b) Temporary Intoxicating Liquor Permit

(1) A registered caterer must submit a Temporary Intoxicating Liquor Permit for each event at least 10 business days prior to the event. Each permit will be approved by the City Clerk. (2) The event notification must contain information deemed necessary by the City Clerk or Public Safety Director including but not limited to the following:

((a)) The name of the event ((b)) The location of the event ((c)) The time and date of the event ((d)) The event contact name and phone number ((e)) The estimated number of guests ((f)) The type of liquor to be served ((g)) The estimated gross food to liquor sale.

(3) No single location in the City will have a single catered event lasting more than three consecutive days unless the permit is issued in connection with a civic event or community festival. (4) The City Clerk or Public Safety Director will terminate any permitted catered event that disturbs the peace, quiet or repose of surrounding residential or commercial areas or that results in disorderly behavior, noise, traffic, litter or parking problems at the event’s location or in the area near the event’s location.

(5) The licensee may not authorize the sale of intoxicating liquor on premises other than the premises which the licensee owns or permanently occupies. (6) Except in those instances where the license holder contracts for the catering of liquor services, the licensee must meet the requirements of this Chapter. (7) An application for the temporary license must be completed and forwarded by the City Clerk to the Minnesota Department of Public Safety for their approval. A copy of the application will be retained by the City. This application must be made at least 30 days prior to the requested date. (8) If the license is used on public property owned by the City, upon recommendation of the City Clerk and Public Safety Director, the Council can require the holder of the licenses, as a term and condition of the license, to hire uniformed police officers to remain on the premises during the use of the license. The Council can also require insurance.

(c) Club, Charitable, Religious or Non-Profit Organization Temporary Intoxicating Liquor Permit

(1) The City is hereby authorized to issue a temporary on-sale intoxicating liquor license to any club, charitable, religious, or nonprofit organization which has its principal location within the City and which has been in existence for a period of not less than three years at the time of making application for this license, a political committee registered under M.S. § 10A.14, a State university, microdistilleries, agricultural societies, and farm wineries. This temporary on-sale intoxicating liquor license may only be issued for a social event occurring within the City limits sponsored by the licensee.

(d) Denial, Suspension or Revocation of License. A caterer’s application for registration may be denied or a caterer’s registration may be suspended or revoked without a refund for any of the following reasons:

(1) For just cause, which includes any violations of the provisions set forth in this Chapter or M.S. Chapter 340A by registrant, its employee, agents or servers. (2) The operation of the event has unreasonably disturbed the peace, quiet or repose of surrounding residential or commercial areas as listed in the Noise Chapter of the Code. (3) The operation of an event has contributed to crime, disorderly behavior, noise, traffic, litter or parking problems in the area near the event’s location. (4) Registrant’s refusal to supply records, books of account or contract pertaining to a catered event set forth in this Chapter. (5) Failure by the registrant to maintain adequate security for its event as required by the Public Safety Department. (6) Failure to register as a caterer with the City or provide information on a catered event. (7) Any other good cause related to the operation of the business or venue.

11. Liquor Manufacturer License

(a) Requirements

(1) No manufacturer may directly or indirectly manufacture malt liquor or intoxicating liquor without first obtaining zoning approval from the City. After the manufacturer has obtained approval from the City, they must then obtain the appropriate State and federal licenses or permits to operate as a manufacturer as defined in M.S. § 340.A.301 (2) No manufacturer, to the extent authorized under State law, may directly or indirectly operate a brewer taproom or microdistillery cocktail room without having obtained a City license to do so as provided for in this Chapter. (3) No single entity may hold both a microdistillery cocktail room and brewer taproom license. (4) A microdistillery cocktail room and brewer taproom may not be co-located within a single entity.

(b) Brewery Retail License. A brewer licensed under M.S. §340A.26 may be issued an on-sale brewer taproom license, a small brewer off-sale license, or a brew pub off-sale license for the sale of malt liquor produced and packaged on the licensed premises which could be sold to other bars, restaurants and off-sale liquor stores if permitted by State law and issued a license by the State.

(1) A brewer taproom on-sale license authorizing the sale of malt liquor produced by the brewer for on-sale consumption on the premises or adjacent to one brewery location owned by the brewer may be approved by the Council under M.S. § 340A.26. (2) A brewer may only have one brewer taproom license for malt liquor produced by the brewer and may not have an ownership interest in a brew pub. (3) A brewer tap room license may not be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually. (4) If the brewer taproom license is approved by the Council, the City Clerk will inform the Commissioner of the licensee’s name, address, trade name and effective date and expiration date of the license within 10 days of approval. (5) The brewer taproom sale of malt liquor produced by the brewer must be limited to the legal hours for on-sale liquor in the City as listed in this Chapter. (6) The sale of malt liquor in an on-sale capacity produced by the brewer will be limited to the brewer taproom and cannot be taken outdoors unless a Patio Endorsement as defined in this Chapter has been obtained.

(c) Small Brewer Off-Sale License

(1) A Small Brewer Off-Sale License authorizing the sale of malt liquor produced and packaged by the brewer for consumption off the premises can be approved by the Council. (2) A brewer may have only one small brewer license for malt liquor produced and packaged by the brewer. (3) The amount of malt liquor produced and packaged by the brewer and sold off-sale must not exceed 750 barrels annually. (4) The malt liquor produced and packaged by the brewer and sold in an off-sale capacity must be removed from the premises before the applicable off-sale closing time in the City. (5) The packaging of malt liquor produced by the brewer in an off-sale capacity must comply with M.S. § 340A.285 (6) A license may not be issued to a small brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually. (7) If the license is approved by the Council, the City Clerk will inform the Commissioner of the licensee’s name, address, trade name and effective date and expiration date within ten days of approval. The City will also inform the Commissioner of a license cancellation, suspension or revocation during the license period. (8) The sale of malt liquor in an off-sale capacity produced and packaged by the brewer will be limited to the legal hours for off-sale liquor in the City as listed in this Chapter.

(d) Brew Pub Off-Sale License

(1) A brew pub that holds an on-sale license issued under this Chapter can hold a license for the sale of malt liquor in an off-sale capacity produced and packaged on the brew pub’s licensed premises if approved by the Council. (2) The malt liquor produced and packaged by the brewer and sold off-sale by the brew pub must not be consumed onsite and must be removed from the premises before the applicable off-sale closing time in the City. (3) The packaging of malt liquor produced by the brewer on the licensed premises for sale in an off-sale capacity by the brew pub must comply with M.S. § 340A.285. (4) A brew pub’s total retail sales in an on- or off-sale capacity under this section may not exceed 3,500 barrels annually, provided sales in an off-sale capacity may not total more than 750 barrels annually. (5) A brew pub licensed under this section to sell malt liquor in an off-sale capacity cannot be licensed as an importer under M.S. § 340A.302. (6) If the brew pub off-sale license is approved by the Council, the City Clerk will inform the Commissioner of the licensee’s name, address, trade name, effective date and expiration date of the license within ten days of approval. (7) The sale of malt liquor in an off-sale capacity produced and packaged on the brew pub’s licensed premises will be limited to the legal hours for off-sale liquor within the City as listed in this chapter.

(e) Microdistillery Retail License. A microdistillery licensed under Minnesota Statute Section 340A.301 may be issued with an on-sale cocktail room license and an off-sale license for the sale of intoxicating liquor produced and packaged on the licensed premises. The intoxicating liquor produced and packaged on the licensed premises may also be sold to other bars, restaurants and off-sale liquor stores if permitted by State law and issued a license by the Commissioner.

(1) On-Sale Microdistillery Cocktail Room License

((a)) A microdistillery cocktail room license authorizing the sale of intoxicating liquor in an on-sale capacity produced by the microdistillery for consumption on the premises or adjacent to one distillery location owned by the distiller may be approved by the Council under M.S. § 340A.26. ((b.)) A microdistillery can only have one microdistillery cocktail room license and may not have an ownership interest in a distillery licensed under M.S. § 340A.301. ((c)) No license will be issued if the microdistiller seeking the microdistillery cocktail room license or exercising control over the microdistillery seeking the license is a microdistiller that produces more than 40,000 proof gallons of premium, distilled spirits annually. ((d)) If the microdistillery cocktail room license is approved by the Council, the City Clerk will inform the Commissioner of the licensee’s name, address, trade name, effective date and expiration date of the license within ten days of approval. ((e)) The sale of intoxicating liquor in an on-sale capacity produced and packaged by the microdistillery for consumption on the licensed premises will be limited to the legal hours for on-sale liquor as listed in this Chapter. ((f)) The sale of intoxicating liquor in an on-sale capacity produced by the microdistillery will be limited to the microdistillery cocktail room and cannot be taken outdoors unless there is a Patio Endorsement as defined in this Chapter.

(2) Off-Sale Microdistillery License

((a)) A microdistillery off-sale license authorizing the sale of intoxicating liquor produced and packaged by the distiller for consumption off the premises may be approved by the Council. ((b)) A distiller can only have one microdistillery license for intoxicating liquor produced and packaged by the distiller. ((c))The intoxicating liquor produced and packaged by the distiller and sold in an off-sale capacity must be removed from the premises before the applicable off-sale closing time in the City. ((d)) The license will allow the sale of up to 750 milliliters per customer per day of product manufactured on-site. No brand may be sold at the microdistillery unless it is also available for distribution by wholesalers. ((e)) If the microdistillery off-sale license is approved by the Council, the City Clerk will inform the Commissioner the licensee’s name, address, trade name, effective date and expiration date with ten days of approval. The City will also inform the Commissioner of a license cancellation, suspension or revocation during the license period. ((f)) The sale of intoxicating liquor in an off-sale capacity produced and packaged by the microdistillery will be limited to the legal hours for off-sale liquor as listed in this Chapter.

1. No sale of intoxicating liquor on the licensed premises may be made between 1 a.m. and 8 a.m. daily. No sales may be made after 8 p.m. on December 24 through 8 a.m. on December 26 without a Holiday Endorsement.

(a) Holiday Endorsement. If an establishment holds a license, it can apply for a Holiday Endorsement. (b) The Holiday Endorsement allows the establishment to remain open and serve alcohol December 24 through December 26 between the hours of 8 a.m. and 1 a.m. If the dates fall on a Sunday, the establishment must follow the times defined in State law. (c) If the establishment holds both a Holiday Endorsement and a Late Night Endorsement as defined in this Chapter, they may remain open until 2 a.m. December 24 through December 26.

2. It is unlawful for any person or customer other than licensees or their employees to remain on the premises after 1:30 a.m. There must not be consumption by any person, including the licensee and their employees after 1:30 a.m. 3. If the establishment holds a Late Night Endorsement, they may sell alcohol between 1 a.m. and 2 a.m. They cannot sell alcohol between 2 a.m. and 8 a.m. daily. All customers must leave within 30 minutes after closing and no later than 2:30 a.m. No one, including staff, can consume alcohol after 2:30 a.m.

1. Prohibited Activities No person operating an establishment licensed under this Chapter for the sale of intoxicating liquor or 3.2% malt liquor may permit any person on the premises to:

(a) Expose to public view any genitals or anus, except when covered with opaque clothing. (b) Perform or simulate sexual acts or make physical contact with another's sexual parts of the human body. (c) Show films or other visual reproduction depicting activities which, if performed by a person on the premises, would be prohibited by this section. (d) Expose to public view any portion of the female breast below the top of the areola except where covered with opaque material.

2. Enforcement

(a) Any violation of this section shall be grounds for immediate revocation or suspension of any and all licenses held on such premises. (b) Every person who produces, promotes, prepares, solicits, manages, directs or participates in any entertainment contrary to the provisions of this section shall be subject to the penalties provided in 700.08 of this Chapter.

There is hereby established a Municipal Liquor Dispensary for the sale of off-sale intoxicating liquor. 1. Location and Operation

(a) The Municipal Liquor Dispensary will be in such suitable places in the City as the Council may determine, except that no permits will be issued for the operation of a Municipal Liquor Dispensary upon which the taxes or other special levies are delinquent. (b) The City Manager or a designee will manage and operate the Municipal Liquor Dispensary under the supervision and direction of the Council and will perform duties in connection with that as the Council may impose on them. The City Manager will be directly responsible to the Council for the conduct of the Municipal Liquor Dispensary in full compliance with the regulations and ordinances of the City and all State and Federal Laws and regulations.

(1) The Council will provide and fix the salaries of such additional help and employees as in their judgement deemed necessary for the operation of the Municipal Liquor Dispensary. (2) No person under 21 years of age will be employed at any time in the Municipal Liquor Dispensary.

2. Dispensary Fund. The Municipal Liquor Fund is hereby created in which funds will be paid and deposited all receipts and revenues from the operation of the Municipal Liquor Dispensary and from which funds will first be paid expenses of operation and maintenance of the said Municipal Liquor Dispensary. The Council may provide for the transfer of retained earnings to the General Fund of the City or to such appropriate funds as the Council by resolution may determine. 3. Hours. The hours of operation will be as provided by State law. 4. Holidays. No off sale will be made on Thanksgiving Day or Christmas Day. On the evenings proceeding each day, off-sales can be made until 10 p.m., except for December 24 after 8 p.m. 5. Conditions and Restrictions

(a) No business other than the sale of liquor will be carried on in the Municipal Liquor Dispensary except the retail sale of cigars, cigarettes, all forms of tobacco, beer, soft drinks, low dose THC products, ice and accessories. (b) No pool or billiard table will be kept in any part of the Municipal Dispensary (c) No intoxicating liquor will be sold on credit. (d) No liquor or beer will be sold or served to a person under 21 years of age, directly or indirectly (e) No person will be permitted to loiter upon the premises of the Municipal Liquor Dispensary. (f) No person who is a financially irresponsible spender or habitually intoxicated person as stated in M.S. § 340.73, or who is disorderly or under the influence of intoxicating liquor will be permitted on the Municipal Liquor Dispensary premises. (g) The Municipal Liquor Dispensary will be inspected in accordance with State.

6. Liability Insurance. The Municipal Liquor Dispensary will demonstrate proof of financial responsibility regarding liability imposed by M.S. § 340A to the City Clerk. Proof of financial responsibility will be given by filing:

(a) A certificate that is in effect for the period covered by the license an insurance policy issued by an insurer required to be licensed under M.S. § 60A.07, or by an insurer recognized as an eligible surplus lines carrier pursuant to M.S. § 60A.206 or pool providing at least the following minimum coverages:

(1) $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence. (2) $50,000 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence, $50,000 for other pecuniary loss of any one person in any one occurrence, and $100,000 for other pecuniary loss of two or more persons in any one occurrence: or (3) A bond of a surety company with minimum coverages as provided in this Chapter, or (4) A certificate from the Commissioner of Management and Budget that the licensee has deposited with the Commissioner of Management and Budget $100,000 in cash or securities which may be legally purchased by savings banks or for trust funds having a market value of $100,000. (5) The City Clerk must submit the provided proof of financial responsibility to the Commissioner of Public Safety.

All licensing and related fees are established in the Fees Chapter of the Code.

1. Administrative Civil Penalties

(a) Individual. Any person in the employment of a licensee who sells intoxicating liquor, 3.2% malt liquor, beer, or wine to a person under 21 years of age is subject to an administrative penalty. Any person under the age of 21 who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine from a licensee is subject to an administrative penalty. The administrative penalties are as follows:

(1) First violation: $250 (2) Second violation within 12 months: $500 (3) Third violation within 12 months $750.

(b) Businesses. If a licensee or an employee of a licensee is found to have sold any intoxicating liquor to a person under 21 years of age, the licensee is subject to an administrative penalty as follows:

(1) First violation: $500. If this fine is not paid within 20 days, the City may suspend the license issued to the licensee under this Chapter for a period not exceeding 10 days (2) Second violation within 12 months: $1,000. If the fine is not paid within 20 days, the City may suspend the license issued to the licensee under this Chapter for a period not exceeding 30 days. (3) Third violation within 12 months: The City may permanently revoke the license issued to the licensee under this Chapter.

2. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of 21 years, that the individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in M.S. § 340A.503. 3. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person must act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre-approved by the Fridley Police Division. A person who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while in this capacity is exempt from the penalties imposed in this Chapter.

1. General Authority. The Council may suspend or revoke any license issued under this Chapter for violations of any provision or condition of this Chapter, any applicable City ordinance or any State or Federal law regulating the sale of alcoholic beverages. The Council will revoke any license for willful violations that require mandatory revocation under State law. 2. Specific Grounds for Suspension or Revocation. A license may be suspended or revoked for any of the following reasons:

(a) Violations of State or Federal law or Code

(1) Violation of any provision of this Chapter. (2) Violation of any applicable City ordinance. (3) Violation of any State or Federal law regulating alcoholic beverages. (4) Conviction of felony or willful violation requiring mandatory revocation under State law.

(b) Insurance and Financial Responsibility

(1) Failure to maintain required insurance coverage as specified in this Chapter. (2) Failure to maintain required bonds or financial responsibility.

(c) Operational Issues

(1) Sale of alcoholic beverages to persons under 21 years of age. (2) Sale to intoxicated persons or habitual drunkards. (3) Allowing consumption by minors on licensed premises. (4) Operating outside authorized hours without proper endorsements. (5) Unauthorized sale of alcoholic beverages off licensed premises.

(d) Business Conduct

(1) Failure to maintain conditions of sobriety and order on premises. (2) Allowing premises to be used for prostitution or other illegal activities. (3) Tampering with or adulterating alcoholic beverage contents. (4) Refusal to allow authorized inspections of premises or records. (5) Making false statements in license applications.

(e) Administrative Non-Compliance

(1) Failure to pay required fees, taxes or penalties when due. (2) Failure to notify the City of required changes in ownership, management or operations. (3) Failure to maintain required records or provide required reports. (4) Failure to comply with special license conditions or endorsement requirements.

(f) Public Safety and Welfare

(1) Operating in a manner that disturbs the peace, quiet or repose of surrounding areas. (2) Contributing to crime, disorderly behavior, noise, traffic, litter or parking problems. (3) Failure to maintain adequate security as required. (4) Any conduct that threatens public health, safety or welfare.

(g) Federal Tax Stamp Violations

(1) For 3.2% malt liquor licenses, holding a federal retail liquor dealer's special tax stamp without proper intoxicating liquor license.

(h) Caterer-Specific Grounds (for liquor caterer licenses)

(1) Failure to staff events with employees from original licensed establishment. (2) Failure to register as a caterer or provide required event notifications. (3) Refusal to supply records, books of account or contracts. (4) Events lasting more than three consecutive days without proper authorization.

3. Immediate Revocation. The Council may immediately revoke any license without prior notice or hearing for:

(a) Failure to maintain insurance coverage or financial responsibility required by this Chapter. (b) Imminent threat to public health, safety or welfare. (c) Holding federal retail liquor dealer's special tax stamp while licensed only for 3.2% malt liquor (without intoxicating liquor license).

4. Suspension Limitations

(a) Emergency suspensions pending hearing may not exceed 30 days. (b) No suspension may exceed 60 days except where State law requires longer suspension periods. (c) The Council may suspend any license pending a revocation hearing without prior notice.

5. Effect on Related Licenses. Violation of any provision of this Chapter or State law occurring on licensed premises may be grounds for suspension or revocation of all licenses held for that premises, including but not limited to:

(a) Primary liquor licenses. (b) Endorsements (Late Night, Holiday, Patio, Gambling). (c) Entertainment licenses. (d) Caterer registrations.

6. No Refund. No portion of any license fee paid will be refunded upon suspension or revocation of a license.

1. Right to Hearing

(a) Hearing Required Before Suspension or Revocation. No suspension or revocation of any license issued under this Chapter will take effect until the licensee has been given an opportunity for a hearing in accordance with M.S. §§ 14.57 - 14.69. (b) Exceptions. The following actions may take effect immediately without prior hearing:

(1) Emergency suspensions as provided in the Suspension or Revocation Section of this Chapter. (2) Administrative penalties imposed by the Violations and Penalties Section of this Chapter.

2. Notice Requirements

(a) Content of Notice. Written notice of any proposed license action will be served upon the licensee and must include:

(1) Specific allegations and charges against the licensee. (2) Citation to the statutes, rules or ordinances allegedly violated. (3) Statement of the action proposed to be taken. (4) Time, date and place of the hearing. (5) Statement of the licensee's rights at the hearing. (6) Citation to the City's authority to take the proposed action.

(b) Timing of Notice. Notice will be served at least 10 days before the scheduled hearing date. (c) Service of Notice. Notice will be mailed to the address provided in the license application.

3. Hearing Procedures

(a) Hearing Authority. The Council may conduct hearings under this Section. (b) Hearing Standards. All hearings will be conducted in accordance with the procedural requirements of M.S. §§ 14.57 - 14.69, including but not limited to:

(1) Right to be represented by counsel. (2) Right to present evidence and witnesses. (3) Right to cross-examine witnesses. (4) Right to have an interpreter if requested. (5) Maintenance of an official record of the proceedings.

4. Decision Process

(a) Timeline for Decision. A decision of the Council will be mailed within 30 days of hearing conclusion. (b) Written Decision Required. All decisions will be in writing and must include:

(1) Findings of fact based on the evidence presented. (2) Conclusions of law. (3) Order specifying the action taken. (4) Effective date of any suspension or revocation.

5. Emergency Procedures

(a) Emergency Suspension Authority. When public health, safety or welfare requires immediate action, the Council may order an emergency suspension of any license for a period not to exceed 30 days. (b) Notice of Emergency Action. Written notice of emergency suspension will be mailed within 48 hours and must include:

(1) Statement of the emergency circumstances requiring immediate action. (2) Effective date and duration of the emergency suspension. (3) Right to request an expedited hearing.

(c) Expedited Hearing. Upon written request, an expedited hearing on the emergency suspension will be conducted within 10 business days to determine whether the suspension should be continued, modified or lifted pending a full hearing.

The purpose of this Chapter of the Fridley City Code (Code) is to regulate the sale and distribution of tobacco products, tobacco-related devices and electronic delivery devices within the City of Fridley (City) to protect public health, safety and welfare. This Chapter establishes licensing requirements, enables sales restrictions and creates enforcement measures to prevent youth access to tobacco products to mitigate the harmful effects of tobacco use in the community.

Self Service Merchandising: an open display of tobacco products where the public has access without the intervention of an employee. Tobacco Product: any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; little cigars; pipe tobacco; snuff; snuff flour; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, Cavendish; shorts; plug and twist tobacco; dipping tobacco; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. “Tobacco product” includes any products containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, drug and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration. Tobacco-Related Devices: rolling papers, pipes, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products, including electronic delivery devices. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. Electronic Delivery Devices: any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery devices include but are not limited to devices manufactured, marketed, or sold as electronic cigarettes (e-cigarettes), electronic cigars (e-cigars), electronic pipes (e-pipes), vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery devices include any component part of a product, whether or not marketed or sold separately. Electronic delivery devices exclude drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration as a nicotine cessation product. Tobacco Products Shop: a retail establishment that cannot be entered at any time by persons younger than 21 years of age, has an entrance door opening directly to the outside, and that derives more than 90% of its gross revenue from the sale of tobacco, tobacco-related devices, and electronic delivery devices, and in which the sale of other products is merely incidental. Tobacco Products Shop does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license. Flavored Tobacco: any tobacco product, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product that contains a taste or aroma, other than the taste or aroma of tobacco, that is distinguishable by any ordinary consumer either prior to or during consumption of a tobacco product, including, but not limited to, tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, or any candy, dessert, alcoholic beverage, fruit, herb or any spice. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate such statements or claims, that a tobacco product has or produces a taste or aroma other than tobacco may be the one of the methods used to determine that the product is a flavored tobacco product, and shall, to the extent permitted by law, create a rebuttable presumption that the product is a flavored tobacco product.

1. Posting of License. Every tobacco-related license issued by the City must be openly displayed at all times in the place of business to which it has been issued. 2. Every retailer requesting a license under this Chapter must implement a training program for employees regarding laws relating to the sale of tobacco products. Every licensee must certify on its annual tobacco license application that all employees have been trained to comply with State law regarding the sale of tobacco products.

1. No person may sell, give away or otherwise furnish any tobacco product, tobacco-related devices or electronic delivery device to any person under the age of 21 years. 2. No person may keep for sale, sell or dispose of any tobacco product, tobacco-related devices or electronic delivery device containing opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process.. 3. Self-service and vending machine sales are prohibited within the City except in licensed Tobacco Product Shops. 4. Every licensee is responsible for the conduct of its employees while on the licensed premises. Any sale or other disposition of tobacco products, tobacco-related devices or electronic delivery device by an employee, or any other violation of any applicable law, rule, or Code will be considered an act of the licensee for purposes of imposing an administrative penalty, license suspension or revocation. 5. Smoking and sampling indoors are prohibited. No person may smoke in a public place, at a public meeting or in a place of employment. This subdivision also prohibits the sampling of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and products used in electronic delivery devices and nicotine or lobelia delivery products. 6. No person or retailer may sell or offer for sale any flavored tobacco products unless the person or retailer holds a Tobacco Product Shop License from the City.

1. Individuals. Any person who sells any tobacco product, tobacco-related device or an electronic delivery device to a person under the age of 21 years or who otherwise violates any applicable law, rule, or Code related to the sale of the products licensed in this Chapter will be subject to an administrative penalty as established in the Fees Chapter of the Code. 2. Licensees. If a licensee or an employee of a licensee is found to have sold tobacco, tobacco-related products or electronic delivery devices to a person under the age of 21 years or who otherwise violates any applicable statute, law, rule, or Code related to the sale of the products licensed in this Chapter, the licensee is subject to an administrative penalty as established in the Fees Chapter of the Code.

(a) First violation. If fines are not paid within 20 days the City may suspend the license to sell tobacco products for a period not to exceed ten days. (b) Second violation within 36 months. If fine are not paid within 20 days the City may suspend the license to sell tobacco products for a period not to exceed 30 days. (c) Third violation within 36 months. The City may permanently revoke the tobacco license.

3. Defense. It is a defense to the charge of selling tobacco to a person under the age of 21 years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Minnesota Statute § 609.685. 4. Compliance Checks; Exemption. The City will conduct compliance checks as required by State law and may conduct compliance checks at any time it is deemed necessary as determined by the Public Safety Director or City Manager. A person, at least 17 years of age, but under the age of 21, may be enlisted to assist in the tests of compliance, provided that written consent from the person’s parent or guardian has been obtained if the person is a minor and that the person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre-approved by the Fridley Department of Public Safety. 5. Exemptions. A person who purchases or attempts to purchase tobacco product, tobacco-related devices or an electronic delivery device while in this capacity is exempt from the penalties imposed by this Chapter. 6. Revocation. The City Council has the authority to revoke any license as noted in the Fees Chapter of the Code. 7. Nothing in this Chapter prevents the provision of tobacco or tobacco-related devices to any person, including a minor, as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.

1. Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision. 3. Individual. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring criminal charges in accordance with State or federal law. Likewise, the City, at its discretion, may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. 4. Licensee. At any time prior to the payment of the administrative penalty as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the licensee’s tobacco license in accordance with State or federal law. Likewise, the City, in its discretion, may revoke the licensee’s tobacco license in the first instance. In the event a licensee participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will suspend the licensee’s tobacco license in accordance with this Chapter. 5. Notice. The City Manager or a designee must, upon determining there has been a violation, notify the violator of the violation. Said notice must set forth the nature, date and time of violation, the name of the officer issuing the notice and the amount of the scheduled penalty. 6. Payment. Once such notice is given, the alleged violator may, within 20 days of the time of issuance of the notice pay the penalty as set forth on the notice, or may request a hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment will be deemed to be an admission of the violation. 7. Failure to Pay. In the event a party charged with an administrative penalty is an individual who fails to pay the penalty, the party may be charged with a criminal offense. In the event a party charged with an administrative penalty is a licensee who fails to pay the penalty, the Council may suspend or revoke the licensee’s tobacco license. 8. Disposition of Penalties. All penalties collected pursuant to this Chapter must be paid to the City’s Treasurer and will be deposited in the City’s General Fund.

The Fridley City Council (Council) finds that the use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easily and quickly. The Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The purpose of this Chapter is to prevent pawn businesses from being used as facilities for the commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the City of Fridley (City).

Acceptable Identification: a current valid Minnesota driver’s license, a current valid Minnesota identification card, or a current valid photo identification card issued by another state or a province of Canada. Billable Transactions: every reportable transaction conducted by a pawnbroker except renewals, redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee’s possession, voided transactions, and confiscations is a billable transaction. Licensee: the person, corporation, company, partnership, or association to whom a license is issued under this Chapter including any agents or employees of the person, corporation, company, partnership or association. Minor: any person under the age of 18 years. Operating officer: the person responsible for the day-to-day operating decisions of the licensed premises. Pawnbroker: a person, corporation, partnership, or association who loans money on deposit or pledge of personal property or other valuable thing or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property, taking possession of the property or any part thereof. This Chapter does not apply to a person, corporation, partnership, or association doing business under and as permitted by any law of this State or of the United States relating to banks, building and loan associations, savings and loan associations, trust companies or credit unions. Reportable Transaction: every transaction conducted by a pawnbroker in which merchandise is received through a pawn purchase, consignment or trade, or in which a pawn is renewed, extended, redeemed or voided, or for which a unique transaction number or identifier is generated by a point-of-sale software or system, or an item is confiscated by law enforcement is a reportable transaction except:

1. The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a number which relates it to that transaction record. 2. Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold or redemption periods have expired.

1. Is a minor at the time the application is filed. 2. Has been convicted of any crime directly related to the occupation licensed, as prescribed by Minnesota Statutes § 364.03, subd. 1, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this Chapter as prescribed by Minnesota Statutes § 364.03, subd. 3. 3. Is not of good character and repute, as determined by the Council.

1. Records. Every license, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, must immediately record, in English, on forms or in an electronic data storage and retrieval system approved by the Public Safety Director or a designee, the following information:

(a) A complete and accurate description of the article, including but not limited to, any manufacture name, brand name, model number, serial number, identification number, or other identifying mark. (b) The amount of money received by the person pawning, pledging, or selling the article, together with the annual rate of interest and the amount required to redeem the article if it was pawned or pledged. (c) The date, time and place of receipt of the article, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee’s records. Transaction identifiers must be consecutively numbered. (d) The full name, date of birth, current residence, current telephone number if possessed, and a reasonably accurate description of the person from whom the article was received including at a minimum sex, height, weight, and race, color of eyes and color of hair. (e) The identification number and state of issue from any one of the following forms of identification:

(1) Current valid driver’s license; (2) Current valid photo identification card issued by the State of Minnesota, another state or a province of Canada; (3) Current valid military identification card; or (4) Current valid passport.

(f) The name or unique identifier of the licensee or employee that conducted the transaction. (g) The signature of the person identified in the transaction. (h) The licensee must also take a color photograph or color video recording of:

(1) Each customer involved in a billable transaction. (2) Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed to the item. (3) If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which it relates. Such photographs must be available to the Public Safety Director or his designee upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on that person’s face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three months and surrendering it to the police department upon request.

(i) Effective 60 days from notification by the police department, licensees must fulfill the color photograph requirements by submitting them as digital images in a format specified by the Police Division, electronically, cross-referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not alter or amend the requirements. (j) For renewals, extensions and redemptions, the licensee must provide the original transaction identifier, the date of the current transaction, the type of transaction.

2. Disposition Of Articles

(a) When any article of pawned or pledged property is redeemed from a licensee, the records must contain an account: of such redemption with the date, interest charges accrued, and the total amount for which the article was redeemed. (b) When an article of purchased or forfeited property is sold or disposed of by a licensee and the licensee receives $100.00 or more in payment thereof, the records must contain an account of such sale with the date, and telephone number of the person to whom sold.

3. Inspection of Records. The records referred to in this section must be open to the inspection of the Public Safety Director or a designee at all reasonable times and must be retained by the licensee for at least three years. Entries of required digital images must be retained a minimum of 90 days. 4. Label Required. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the pawn shop’s records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the police department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels may not be reused. 5. Receipt. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three years. The receipt must include at least the following information:

(a) The name, address and telephone number of the licensed business. (b) The date and time the item was received by the licensee. (c) Whether the item was pawned or sold, or the nature of the transaction. (d) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item. (e) The signature of unique identifier or the licensee or employee that conducted the transaction. (f) The amount advanced or paid. (g) The monthly and annual interest rates, including all pawn fees and charges. (h) The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date. (i) The full name, current residence address, current telephone number, and date of birth of the pledgor or seller. (j) The identification number and state of issue of any of the following forms of identification of the seller:.

(1) Current valid Minnesota driver’s license; (2) Current valid Minnesota identification card; (3) Current valid photo driver’s license or identification card issued by another state or Canadian province; (4) Current valid military identification card; or (5) Current valid passport.

(k) Description of the pledgor or seller, including sex, height, weight, race, color of eyes and color of hair. (l) The signature of the pledgor or seller. (m) All printed statements as required by Minnesota Statute § 325J.04, subd. 2, or any other applicable statutes or rules.

6. Daily Reports to Police

(a) Unless otherwise authorized by the Police Division, licensees must provide to the Police Division the information required in Section 702.05 (1) by transferring that information from their computer to the Police Division to the pawn reporting software via modem using the current version of the pawn reporting software All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the City using a dial callback protocol or other procedures that address security concerns of the licensees and the City . The licensee must display a sign of sufficient size, in a conspicuous place on the premises, which informs all patrons that all transactions are reported to the Police Division daily. (b) Licensees will be charged monthly for billable transactions at the current rate established by the Council. (c) If a licensee is unable to successfully transfer the required reports to the pawn reporting software, the licensee must provide the Police Division printed copies of all reportable transactions along with the video tape(s) for that date by noon the next business day. If the problem is determined to be in the licensee’s system and is not corrected by the close of the first business day following the failure, the license must provide the required reports as provided for herein, but may be charged a reporting failure penalty, established by the Council, each day until the error is corrected. If the problem is determined to be outside the licensee’s system, the licensee must continue to provide the information as provided herein, and resubmit all such transactions via the pawn reporting software when the error is corrected Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee must upload every reportable transaction from every business day the problem existed. (d) If a licensee is unable to capture, digitize or transmit the photographs required in Section 702.05 (1) the licensee must immediately take all required photographs with a camera, cross reference the photographs to the correct transaction, and deliver them to the Police Division by noon the next business day. Licensees may be subject to an additional charge for each photograph submitted in this manner after the close of the first business day following failure. (e) Notwithstanding any other provisions herein, the Public Safety Director or a designee, upon presentation of extenuating circumstances, may extend the period before any additional charges are imposed for the manual reporting of billable transactions.

7. Redemption Period Any person pledging, pawning or depositing an article for security must have a minimum of 90 days from the date of that transaction to redeem the article before it may be forfeited and sold. During the 90 day holding period articles may not be removed from the licensed premises. Licensees are prohibited from redeeming any article of property to anyone other than the person to whom the receipt was issued; or to any person identified in a written and notarized authorization to redeem the article(s) of property identified in the receipt; or to a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledger; or with the approval of the Public Safety Director or a designee. Written authorization for release of articles of property to persons other than the original pledgor must be maintained along with the original transaction record. 8. Holding Period No article of property pledged, pawned or on deposit for security with any licensee may be permitted to be redeemed for a period of 72 hours from the date of transaction, excluding Sundays and holidays, except upon written authorization of the Public Safety Director or a designee. No article of property purchased by a licensee may be sold or otherwise disposed of for 30 days from the date of the transaction except that articles of property for which there exists a valid certificate of title issued by the State of Minnesota, showing ownership and registration by the person from whom the article was received, may be sold or otherwise disposed of 10 days from the date of transaction.

9. Police Restrictions on Sale or Redemption

(a) Investigative Hold. Whenever a law enforcement official from any agency, acting in the course and scope of their duties, notifies a licensee not to sell or permit to be redeemed an article of property in the licensee’s possession, the article may not be sold, redeemed or removed from the premises by the licensee. The Investigative Hold must be confirmed in writing by the originating agency within 72 hours and will remain in effect for 15 days from the date of notification, or until the hold is cancelled, or until a Police Hold is issued pursuant to 702.05 (9) (b), or until the article is confiscated, whichever comes first. (b) Police Hold. Whenever the Public Safety Director or a designee notifies a licensee not to sell or permit to be redeemed an article of property in the licensee’s possession, the article may not be sold, redeemed or removed from the premises by the licensee. The Police Hold must be confirmed in writing within 72 hours and will remain in effect for 90 days from the date of notification unless the Public Safety Director or a designee determines the hold is still necessary and notifies the licensee in writing. When a Police Hold is no longer needed the Public Safety Director or a designee will so notify the licensee. (c) Confiscation. If an article of property in the licensee’s possession is determined to be stolen, it may be confiscated and seized as evidence by any police officer. A request for restitution from any person charged in regards to the stolen property confiscated will be made on behalf of the licensee. When an article of property is confiscated, the person doing so must provide identification upon request of the licensee, and must complete a confiscation report providing at a minimum the name and telephone number of the confiscating agency and investigator, and the case number of the police report related to the confiscation. The confiscation report must be included with the daily reports to police, submitted by the licensee, for review by the Public Safety Director or a designee.

10. Payment by Check. Payment of more than $500 by any licensee for any article deposited, left, purchased, pledged or pawned may be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. 11. Posting License. All licensees must post their licenses, in a conspicuous place, in the licensed premises under the licensed activity. 12. Responsibility of Licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, will be deemed the conduct of the licensee. 13. Penalty for Property Owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this Chapter. 14. Business at Only One Place. A license under this Chapter authorizes the licensee to carry on its business only at the permanent place of business designed in the license. However, upon written request, the Public Safety Director or a designee may approve an off-site locked and secure storage facility. The licensee must permit inspection of the facility in accordance with Section .07. All provisions of this Chapter regarding record keeping and reporting apply to the facility and its contents. Articles of property must be stored in compliance with all provisions of the Code.

1. No licensee may be open for the transaction of business on any day of the week before 7 a.m. or after 10 p.m. 2. No licensee may purchase, accept, or receive any article of property from any minor or from any person of unsound mind or from an intoxicated person. 3. No licensee may purchase, accept, or receive any article of property which contains an altered or obliterated serial number or an article of property whose serial number has been removed. 4. No licensee may purchase, accept, or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest. For the purpose of this section “security interest” means an interest in property which secures payment or other performance of an obligation. 5. No licensee nor any agent or employee of a licensee may purchase, accept, or receive any article of property from any person knowing, or having reason to know, that said person is not the true and correct owner of the property. 6. No licensee nor any agent or employee of a licensee may purchase, accept, or receive any article of property, from any person, without first having examined an acceptable form of identification.

1. Premises. Any licensee must, at all times during the term of the license, allow Public Safety Director or a designee to enter the premises, where the licensee is carrying on business, including all off-site storage facilities, during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the articles and records therein to locate goods suspected or alleged to have been stolen and to verify compliance with this Chapter or other applicable laws. No licensee may conceal any article in the licensee’s possession from the Public Safety Director or a designee. 2. Inspection by Police or Claimed Owner. All articles of property coming into the possession of any licensee, under the terms hereof, must be open to inspection and right of examination of any police officer or any person claiming to have been the owner thereof or claiming to have had an interest therein when such person is accompanied by a police officer.

1. No person may pawn, pledge, sell, leave, or deposit any article of property not their own; nor may any person offer or attempt to pawn, pledge, sell, leave, or deposit the property of another, whether with permission or without, nor may any person pawn, pledge, sell, leave or deposit any article of property in which another has a security interest; with any licensee. 2. No minor may pawn, pledge, sell, leave, or deposit any article of property with any licensee. 3. No person may pawn, pledge, sell, leave, or deposit any article of property with any licensee without first having presented an acceptable form of identification. 4. All licensees must by adequate signage and separate written notice inform persons seeking to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the foregoing requirements. 5. For the purpose of this section “adequate signage” is deemed to mean at least one sign, of not less than four square feet in surface area, comprised of lettering of not less than 3/4) of one inch in height, posted in a conspicuous place on the licensed premises and stating substantially the following:

TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MUST BE THE TRUE OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS. YOU MUST PRESENT VALID PHOTO IDENTIFICATION. VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME.

6. For the purpose of this section “separate written notice” is deemed to mean either the receipt, or a printed form, incorporating a statement to the effect that the person pawning, pledging, selling, leaving, or depositing the article is at least 18 years of age; is the true owner of the article; and that the article is free of all claims and liens; which is acknowledged by way of signature of the person pawning, pledging, selling, leaving, or depositing the article. 7. No person seeking to pawn, pledge, sell, leave, or deposit any article of property with any licensee may give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false driver’s license or identification card; to any licensee.

1. Licenses issued to corporations and companies are valid only as long as there is no change in the officers or ownership interest of the corporation or company unless such change is approved by the Council, in which event said license will continue in force until the end of the then current license year. Failure to report any change in stockholders, officers, or managers are grounds for the revocation of all licenses held by the corporation or company. Every corporation or company licensed under the provisions of this Chapter must adopt and maintain in its bylaws a provision that no transfer of stock is valid or effective unless approved by the Council and requires that all of its certificates of stock must have printed on the face thereof: “the transfer of this stock certificate is invalid unless approved by the City Council of Fridley, Minnesota,” and failure to comply with this provision is grounds for the revocation of all licenses held by the corporation or the company. The provisions of this Chapter do not apply to the issuance of any license to a corporation or company whose stock is traded on a public stock exchange. 2. Licenses issued to associations or partnerships are valid only as long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Council, in which event said license will continue in forced until the end of the then current license year. 3. Corporations, companies, partnerships or associations must submit written notice to the City of any such changes described herein on or before 30 days prior to the effective date of any such change. In case of a corporation or company, the licensee must submit written notice to the City when a person not listed in the initial application will be acquiring an interest and be given all information about said person as is required of a person pursuant to the provisions of this Chapter.

1. It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application, or any omission to state any information called for on such application form, will upon discovery of such falsehood, work an automatic denial of the license by the City, or if already issued, will render any license issued pursuant thereto, revoked. Prior issuance is no defense to protect the applicant from prosecution for violation of this section or any part hereof. 2. The Council may suspend or revoke a license issued under this Chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are delinquent, or unpaid. 3. The Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of any of the provisions of this Chapter or any State Statute regulating pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any other crime or violation involving stolen property will result in the immediate suspension of the license pending a hearing before the Council on revocation of the license. 4. Except in the case of a license suspension pending a hearing on revocation, a revocation or suspension of a license by the Council must be preceded by a public hearing. The hearing notice must be given to the licensee and published in the Official Publication at least 10 days prior to the hearing, include notice of the time and place of the hearing, and must state the nature of the charges against the licensee.

The purpose of this Chapter of the Fridley City Code (Code) is to establish regulatory oversight of massage therapy services by prohibiting the operation of massage businesses and the provision of massage services except by those properly licensed as massage enterprises and massage therapists pursuant to State law and this Chapter. This licensing framework is implemented in recognition that practitioners with legitimate and standardized training in therapeutic massage provide essential services while presenting minimal public health risks, whereas establishments employing individuals without specialized credentials demonstrate a higher propensity to function as fronts for illicit activities and disproportionately burden law enforcement resources. Through comprehensive health and sanitation regulations and rigorous licensing qualifications, this Chapter aims to protect legitimate businesses, prevent criminal activity, mitigate the transmission of communicable diseases and ultimately safeguard the health, safety, and welfare of the community, with the professional education of massage therapists at accredited institutions serving as a critical mechanism for ensuring these protections.

Accredited institution: an educational institution holding accredited status with the United States Department of Education. Accredited program: a professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA). Advertise: to publish, display, broadcast or disseminate information by any means that can be reasonably construed as an advertisement. Clean: the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly or extraneous matter. Good repair: free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks obstructions and similar defects to constitute a good and sound condition. Issuing authority: the Fridley City Council (Council). Massage or massage services: any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands, arms, elbows or feet, or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. Operate: to own, manage or conduct, or to have control, charge or custody over. Person: any individual, firm, entity, association, partnership, corporation, joint venture or combination of individuals. Therapeutic Massage Enterprise: a person or entity which operates a business that hires or contracts with massage therapists licensed by the City to provide massage services to the public. The owner/operator of a massage enterprise need not be licensed as a massage therapist if they do not practice or administer massage to the public. A massage enterprise may employ other individuals such as cosmetologists and estheticians, and these individuals are not required to have a massage therapist license, as long as they are not providing massage services to the public. Therapeutic Massage Therapist: an individual who practices or administers massage to the public for a licensed massage enterprise in the City.

1. Therapeutic Massage Enterprise License. It is unlawful for any person or entity to own, operate, engage in, or carry on, within the City, any type of business offering massage services to the public for compensation without first having obtained a Therapeutic Massage Enterprise License from the City pursuant to this Chapter. 2. Therapeutic Massage License. It is unlawful for any individual to practice, administer or provide massage services to the public for compensation within the City without first having obtained a Massage Therapist License from the City pursuant to this Chapter. Only duly licensed massage therapists may practice or administer massage to the public for a licensed massage enterprise in the City.

1. A Therapeutic Massage Enterprise or Therapeutic Massage Therapist License is not required for the following persons and places:

(a) Persons duly licensed in the State to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered by the individual in the regular course of the medical business and not provided as part of a separate and distinct massage enterprise. (b) Persons duly licensed by the State as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the head and neck. (c) Persons hired or employed by a person duly licensed by the State pursuant to Minnesota Statutes (M.S.) Chapters 147 or 148 (including, but not limited to, doctors, nurses, chiropractors, physical therapists, athletic trainers, doulas and occupational therapists), or a dental professional licensed under M.S. Chapter 150A. Such persons are authorized to provide massage services on the business premises of the employer. (d) Places duly licensed or operating as a hospital, nursing home, hospice, long-term care, specialized treatment or group home established for the hospitalization or care of human beings. (e) Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution may perform massage services at clinics or other facilities located outside of the accredited institution provided that they have at least 150 hours of certified therapeutic massage training at the accredited institution prior to performing the massage services outside of the institution, have proof of liability insurance, and are identified to the public as a student of massage therapy. (f) Persons or organizations providing temporary massage services such as “chair massages” provided the following requirements are met:

(1) The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; (2) The location does not hold a license to sell alcoholic beverages; (3) Massages are offered at the location no more than 10 days per calendar year; (4) Each recipient of a massage remains in an upright position, either sitting or standing; and (5) Each recipient of a massage remains in the normal daytime attire worn when entering the business and does not remove any clothing except outwear such as a coat or jacket.

1. An application for a Therapeutic Massage Enterprise License must be made on a form supplied by the City Clerk and must include the following information:

(a) Proof that the proposed business location meets the zoning requirements of the zoning chapters of the Code. (b) Proof the premises where the business is located is in full compliance with the State Building Code and the state Fire Code as well as other relevant provisions of the Code. (c) Proof where the business is located has a separate, distinct, front-facing entrance if it is located within a building with multiples offices, suites or stores. (d) Whether the applicant is an individual, partnership, corporation, company, or other form of organization. (e) The legal description of the premises to be licensed together with a site plan showing dimensions, location of buildings, street access and parking facilities. (f) The floor number, street number, suite number(s) and rooms where the massage services are to be conducted. (g) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans for design are on file with the City’s Building Official, no plans need be submitted to the City. (h) Whether all City utilities, real estate and personal property taxes that are due and payable for the premises to be licensed have been paid. If the applicant is in arrears for the payment of the same, the applicant must state the time period and amount of delinquent taxes and utilities in arrears. (i) The amount of investment the applicant has invested in the business, buildings, premises, fixtures, furniture and equipment, and proof of the source of such investment. If a partnership, corporation, or other form of organization, the names and addresses of any other persons investing in the business, building, premises, fixture, furniture and equipment, the amount of their investment and proof of the source of such investment. (j) Whether the applicant has had an interest in, as an individual or as part of a corporation, limited liability company, partnership, association, enterprise, business or firm, a massage therapist or massage business license issued by any city, county, or other licensing entity that was denied or recommended for denial, suspended, revoked or not renewed within the last five years from the date the license application is submitted to the City. (k) Such other information as City staff or the Council may require.

2. Additional application materials required for partnerships applying for a Therapeutic Massage Enterprise License:

(a) The names of all general and limited partners and all information concerning each general partner as is required for individual license applicants. (b) The managing partner(s) must be so designated. (c) The interest of each general and limited partner in the business must be disclosed. (d) A true copy of the partnership agreement must be submitted with the application. If the partnership is required to file a certificate as to a trade name or assumed name under M.S. § 333.02, a certified copy of such certificate must be submitted.

3. Additional application materials required for corporations, limited liability companies and other organizations or entities applying for a Therapeutic Massage Enterprise License:

(a) The name of the organization, and if incorporated, the date and state of incorporation. (b) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in M.S. § 303.08. (c) The name of the general manager, corporate officers and proprietor or other person in charge of the premises to be licensed, and all the information about said persons required for individual license applicants. (d) A list of all persons who own or have a controlling interest in the corporation or organization or who are officers of said corporation or organization, together with their addresses and all the information regarding such persons.

4. Applicants are required to attend the Council meeting at which their initial application will be considered.

(a) The City Clerk will notify the applicant of the scheduled Council meeting date at least 10 business days in advance. (b) Applications for applicants who do not attend the Council meeting will be denied without prejudice, allowing the applicant to resubmit their application for consideration at a subsequent Council meeting. (c) The Council may, in its sole discretion, waive this requirement upon written request demonstrating extraordinary circumstances that prevent the applicant's attendance.

1. An application for a Therapeutic Massage Therapist License must be made on a form supplied by the City Clerk and must include the following information:

(a) The applicant’s full name, all aliases, full residential address, home telephone number, cell phone number and email address. (b) The applicant’s residential addresses for the previous five years. (c) The name of applicant’s current employer, full address and length of time employed. (d) The names, address, occupations, dates of employment and contact information for the applicant’s employers for the previous five (5) years. (e) The applicant’s birth date, physical description, including weight, height, color of eyes and color of hair. The applicant must provide a legible and enlarged color photocopy of the front and back of the applicant’s driver’s license or state-issued I.D., or any other government-issued photo identification. (f) Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense and, if so, the time, place, and offense for each conviction. (g) Whether the applicant has had an interest in, as an individual or as part of a corporation, limited liability company, partnership, association, enterprise, entity, business or firm, a massage license that was denied or recommended for denial, suspended, revoked or not renewed within the last five years from the date the license application is submitted to the City. (h) The names, residential and business addresses, and current contact information, including a phone number, for three residents within the metropolitan area, of good character, not related to the applicant or financially interested in the premises of the business, who may be referred to attest to the applicant’s character. (i) Proof of whether the applicant is a U.S. citizen, resident alien or has the legal authority to work in the United States. (j) Proof that the applicant has met the following requirements:

(1) Is affiliated with, employed by, or owns a business licensed as a massage enterprise by the City. (2) Provides proof that the applicant has met the academic requirements by providing the following:

((a)) A certified copy of a transcript of academic record from an accredited program or accredited institution that has been approved by the City; and ((b)) A copy of the diploma or certificate of graduation from an accredited program or accredited institution approved by the City. The accredited program or accredited institution must confirm that the applicant has successfully completed a minimum of 600 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from the same accredited program or accredited institution; and ((c)) Proof of current insurance coverage of $1 million for professional liability in the practice of massage.

(k) Whether the applicant is currently licensed in other states or communities to perform massage therapy, and if so, where as well as whether the applicant has ever had a massage-related license denied or recommended for denial, suspended, revoked or not renewed in any other community. (l) Whether the applicant has ever been engaged in the operation of a massage enterprise, and if so, information as to the name, place, dates and length of time of the involvement in such a business, including whether the business has ever had a license for the business denied or recommended for denial, suspended, revoked or not renewed. (m) Such other information as the Council or staff may require for the purpose of approving the license.

1. Licenses are issued for a term of one year. All Therapeutic Massage Enterprise and Therapeutic Massage Therapist licenses expire on April 30 of each year. Licenses are non-transferable. 2. An application for renewal of a Therapeutic Massage Enterprise License or Therapeutic Massage Therapist License must be made in the same manner as the original application. The license and investigative fees are established in the Fees Chapter of the Code. 3. If the license holder is a corporation and there is a change in ownership, a new license application must be submitted to the City within 30 days whenever more than 10% of the corporation’s stock is transferred. If the license holder is a partnership and there is a change in ownership, a new license application must be submitted to the City within 30 days whenever a partner is added to the partnership. If the license holder is a limited liability company and there is a change in ownership, a new license application must be submitted to the City within 30 days whenever a transfer occurs of a transferable interest in the limited liability company.

1. Authority and Scope of Investigations. All applications for massage licenses will be investigated by the Public Safety Director or a designee for verification and investigation of the facts set forth in the application in accordance with M.S. Chapter 299C. 2. Criminal History Check Requirements. The criminal history investigation must consist of: (a) A criminal history check of the state criminal records repository (b) A national criminal history check conducted through the Federal Bureau of Investigation. 3. Application Process and Responsibilities. The applicant must provide: (a) A signed criminal history records check consent form for both state and national criminal history checks (b) A full set of classifiable fingerprints (c) All required fees as established by the Bureau of Criminal Apprehension 4. Data Access and Processing. The Public Safety Director or a designee is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension's Computerized Criminal History information system in accordance with BCA policy. Upon receipt of the criminal history results from the BCA, the City will use this information to determine whether the applicant is disqualified from licensure under applicable city ordinances and state law. 5. Additional Investigative Authority. The Public Safety Director or a designee is empowered to conduct any and all additional investigations deemed necessary to verify the information on the application, including but not limited to driver's license history inquiries and verification of other information provided in the application. 6. Failure to Cooperate. An applicant's failure to cooperate with the City in conducting the required criminal history records check constitutes reasonable cause to deny the application for licensure. 7. Recommendation. The Public Safety Director or a designee and other consultants must make a written recommendation to the Council as to the issuance or non-issuance of the Massage Enterprise License or Massage Therapist License. 8. Council Action. The Council may order and conduct such additional investigation as it deems necessary. Upon completion of its investigation the Council must grant or deny the license pursuant to this Chapter. 9. Fees. Investigation fees are non-refundable. Out-of-state investigations may require the applicant to pay actual out-of-pocket expenses. A deposit for an out-of-state investigation may be required in advance as established in the Fees Chapter of the Code. The applicant will be refunded any unused deposit upon completion of the investigation if the application is denied.

Considering the high risk of illegal conduct at establishments providing massage therapy, the Public Safety Director or a designee have the right to enter, inspect and search the licensed premises during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this Chapter. Any search of the licensed premises is subject to reasonable standards as recognized by the courts; search warrants will be secured when applicable. Any entry into a private residence will require consent, exigent circumstances or a search warrant. With reasonable notice, the business records of the licensee, including income tax returns, must be available for inspection by the City during the hours at which the licensed premises is open for business.

1. Grounds. In addition to the grounds found elsewhere in the Code for denial, suspension or revocation, the following reasons are grounds for the denial, suspension or revocation of a Therapeutic Massage Enterprise License or Therapeutic Massage Therapist License:

(a) The applicant has been convicted of criminal prostitution, similar sex offenses or other crimes directly related to the offering of massage therapy services or the running of a Therapeutic Massage Enterprise and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by M.S. § 364.03, subd. 3.2. (b) The applicant is a partnership, corporation or other entity which has in its employ or is owned by any persons convicted of criminal prostitution, similar sex offenses or other crimes directly related to the offering of massage therapy services or the running of a Therapeutic Massage Enterprise. (c) The owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverages, narcotic drugs or controlled substances, as defined by State law, on the premises. (d) The holder of a Therapeutic Massage Enterprise License fails to maintain with the City a current list of all employees of such licensed premises. The list for the establishment must include all massage therapists licensed under this Chapter. (e) A material variance in the actual plan and design of the premises from the plans submitted. (f) There is any fraud, deception or misstatement on the license application. (g) The owner, manager, lessee or their employees or any massage therapist, are convicted of any Code violation or crime occurring on the licensed premises. (h) The licensed premises are not located in an approved zoning district, unless such business is a legally established non-conforming use, or otherwise do not meet the health and safety standards found within the Code for the licensed premises. (i) The applicant is delinquent upon its payment to the City of utilities, taxes, fines, or penalties assessed or imposed against the applicant or the business is located on property where taxes, assessments, utility charges, service charges or other financial claims of the City or any other governmental unit are delinquent and unpaid. In the event a suit has been commenced under M.S. §§ 278.01 - 278.13, questioning the amount or validity of the tax or claim, the City Manager, upon written application by the applicant, may waive strict compliance with this provision while the suit is pending. (j) The licensed activity is conducted in such a manner as to constitute a breach of the peace, a menace to the health, safety, or welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the Public Safety Director, City Manager or a designee. (k) The applicant has had a massage-related license revoked or denied by a state, city, or other licensing authority within the past five years. (l) The licensee fails to continuously comply with all conditions required as precedent to approval of the license or fails to continuously comply with all provisions of this Chapter. (m) Based on the findings of a background investigation, granting a license would be a menace to the safety, health, or welfare of the public. (o) The applicant or licensee is not the real party having an interest in the Therapeutic Massage Enterprise.

2. Appeal. If the Public Safety Director or a designee recommends denying, suspending or revoking a massage-related license, they must give written notice to the City Manager. Upon recommendation and direction of the City Manager, the City Clerk will:

(a) Schedule an opportunity for the applicant or licensee to be heard in front of the Council. (b) Notify the applicant or licensee of the recommendation, basis for the recommendation and date of public meeting at least 10 business days prior. The notice must be mailed to the licensee or applicant at the most recent address listed on the license application. (c) The Council must hold a public meeting regarding the recommendation to deny, suspend or revoke and take action as it determines appropriate. Any such action taken by the Council is final.

3. Application or Reapplication. A licensee or applicant for a Therapeutic Massage Enterprise or a Therapeutic Massage Therapist License may not apply or reapply for a new license for a period of one year following the denial or revocation by the Council.

1. Posting of License

(a) A Therapeutic Massage Enterprise License must be posted in a conspicuous place on the premises for which it is issued. (b) Massage Therapist License. A person licensed as a massage therapist must post the license, along with a color photo of the therapist, in a conspicuous place on the premises at which the therapist is associated. A massage therapist must have readily available at all times when massage services are rendered a government-issued photo identification card.

2. Licensed Premises

(a) A Therapeutic Massage Enterprise License is only effective for the compact and contiguous space specified in the approved license application. If, following issuance of the license, the licensed premises is enlarged, altered, or extended, the licensee must inform the City Clerk of the same within 10 business days of the enlargement, alteration or extension. The licensee must meet with designated City staff who may confirm that the enlarged, altered or expanded space is in full compliance with all City regulations, including the State Building Code and the Code. If the enlarged, altered, or expanded space is in full compliance with all City regulations, the business license may be amended to encompass the larger space. (b) A Therapeutic Massage Therapist License may only be issued for the location of the licensed Therapeutic Massage Enterprise premises. It is the continuing duty of each licensee to notify the City Clerk, within 10 business days, of any change in the information or facts required to be furnished on the license application and failure to comply with this Chapter constitutes cause for revocation or suspension of such license.

3. Affiliation with Business Required. A Therapeutic Massage Therapist must be employed by, affiliated with, or own a Therapeutic Massage Enterprise, unless a person or place is specifically exempted from obtaining a Massage Enterprise License pursuant to this Chapter. 4. Employment of Unlicensed Massage Therapists Prohibited. No Therapeutic Massage Enterprise may employ or use any person to perform massage services who is not licensed as a Therapeutic Massage Therapist under this Chapter, unless the person is specifically exempted pursuant to this Chapter. 5. Coverage of Genitals During Massage. The licensee must require that the person who is receiving the massage must at all times have their genitals covered with non-transparent material or clothing. 6. Therapist Dress Requirements. Any Therapeutic Massage Therapist providing massage services must at all times be dressed professionally and must be fully clothed with nontransparent clothing when performing massage services. 7. Massage of Certain Body Parts Prohibited. At no time may a Therapeutic Massage Therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, breasts or vaginal area of a person. 8. Restrictions Regarding Hours of Operation. No Therapeutic Massage Enterprise may be open for business, nor will any Therapeutic Massage Therapist offer massage therapy services, before 8 a.m. or after 10 p.m. any day of the week. No customers or patrons may be allowed to remain upon the licensed premises after 10:30 p.m. and before 8 a.m. daily. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours. 9. Prohibited Activities and Advertising. Licensees are strictly prohibited from advertising any unlawful or erotic conduct and are fully responsible for ensuring their business operates in compliance with all applicable laws and codes, including the actions of employees and agents on the licensed premises. No massage enterprise, massage therapist, or contractor may place, publish, distribute, or cause to be distributed any advertising that depicts human body parts or uses language that would reasonably suggest to prospective patrons that services other than those described in this chapter and posted on the premises are available. 10. Restrictions Involving Minors. No license may be issued to a person under 18 years of age. 11. Effect of License Suspension or Revocation. No person may offer to perform massage services or may solicit customers for a Therapeutic Massage Enterprise located within the City unless such person has a current Therapeutic Massage Enterprise or Therapeutic Massage Therapist License. 12. Rates. A Therapeutic Massage Enterprise must make rates available for all massage services offered at the business. 13. Food Preparation. Food preparation on the premises of a Therapeutic Massage Enterprise may only occur in locations specifically designed for that purpose which are fully compliance with all State Building Code and Code requirements for such spaces. Use of food preparation areas must be limited to employees on breaks occurring during regularly scheduled shifts. 14. Habitation. The premises of a Therapeutic Massage Enterprise may not contain sleeping quarters or living spaces of any kind intended for habitation, including but not limited to beds, cots, futons or mattresses. 15. Toilet Room Requirements. A Therapeutic Massage Enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and adequately lit. 16. Paper/Linen Requirements. A Therapeutic Massage Enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the massage; or in the alternative, if the table, chair, or furniture on which the patron receives the massage is made of material impervious to moisture, such table, chair, or furniture must be properly sanitized after each massage. 17. Washing of Hands Required. The premises must contain an on-site sink. The massage therapist must wash their hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed. 18. Door Latches and Locks. Doors on rooms where massage services are provided may not be locked or capable of being locked. Locks, latches or other devices intended to secure a door so as to prevent it from being opened by any person from either side of the door with or without a key cannot be present on any doors of rooms intended for massage therapy. 19. Equipment. Except as provided in this Chapter, all massage services must be performed on a raised massage therapy table, chair or mat similar to those used in yoga. 20. Prohibited Massage Equipment. No bed, mattress, couch, futon or similar type of equipment are allowed in areas where massage services are provided.

The City Council (Council) of the City of Fridley (City) deems it necessary to provide for the special and express regulation of solicitors and peddlers to protect the public health, safety and general welfare of residents. The Council further finds that enterprises such as the type described above sometimes lend themselves to "fly-by-night" and other undesirable operations not normally associated with permanently established local merchants.

Itinerant Merchant Enterprise: Any business, whether located in the City or not, that is temporarily selling goods or services for which delivery or performance occurs at a later time. Itinerant Merchant: an individual who is employed by, owns, contracts with or otherwise represents an Itinerant Merchant Enterprise for the purpose of selling goods or services within the City including:

1. Solicitor: A person authorized by an itinerant merchant enterprise, who goes from door-to-door for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, personal property or services for which delivery or performance occurs at a later time. 2. Peddler: A person who goes from place to place for the purpose of offering for sale, displaying for sale, selling or attempting to sell goods, wares, products, merchandise, personal property or services for which delivery or performance occurs immediately.

1. Itinerant Merchant Enterprise. It is unlawful for any person or entity to own, operate, engage in, or carry on, within the City any type of business that is temporarily selling goods or services for which delivery or performance occurs at a later time, without having obtained an Itinerant Merchant Enterprise License pursuant to this Chapter. 2. Itinerant Merchant. It is unlawful for any individual to temporarily sell goods or services in one location or travel between locations within the City without having obtained an Itinerant Merchant Permit pursuant to this Chapter. 3. Licenses and permits have a term of either 30, 60 or 90 days from the date of issuance. 4. Licensing and permitting fees are established in the Fees Chapter of the Code.

For purposes of this Chapter, the term “itinerant merchant” does not apply to:

1. Non-commercial door-to-door advocates. Nothing within this Chapter will be interpreted to prohibit or restrict non-commercial door-to-door advocates. 2. Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise or other personal property to a retail seller of the items being sold by the wholesaler. 3. Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk. 4. Any person making deliveries of perishable food and dairy products to the customers on their established customer delivery route, when attempting to establish a regular delivery route or when publications are delivered to the community at large. 5. Any person conducting the type of sale commonly known as garage sales, rummage sales or estate sales. 6. Any person participating in an organized multi-person bazaar or flea market. 7. Any person conducting an auction as a properly licensed auctioneer. 8. Any officer of the court conducting a court-ordered sale.

1. An application for an Itinerant Merchant Enterprise License must be made on a form supplied by the City Clerk and must include the following information:

(a) The name of the business, the names of all general partners and contact information for all corporate officer(s). (b) The full name, work telephone number and work email address for a business’s licensing contact at the Itinerant Merchant Enterprise. (c) A brief description of the nature of the business and the goods to be sold. (d) Proof that the business holds any County, State or federal required licensing to sell any items or perform any services that the business is proposing to sell. (e) Whether the applicant is an individual, partnership, corporation, nonprofit corporation, company, or other form of organization. (f) Additional information as City staff or the Council may require.

1. An application for an Itinerant Merchant Permit must be made on a form supplied by the City Clerk and must include the following information:

(a) An approved Itinerant Merchant Enterprise License for the business that the applicant will be soliciting for. (b) Name and physical description of the applicant. (c) Complete permanent home and local address of the applicant. (d) Any and all addresses and phone numbers where the applicant can be reached when conducting business within the City. (e) In the case of peddlers, the local address from which the proposed sales will be made, if applicable. (f) A brief description of the nature of the business and the goods to be sold. (g) The source of supply of the goods or property proposed to be sold, or orders taken for the sale, where such goods or products are located at the time said application is filed and the proposed method of delivery. (h) A recent color photograph of the applicant that is two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner. (i) The license plate number, registration information, vehicle identification number and physical description for any vehicle to be used in conjunction with the Itinerant Merchant Permit. (j) The names of at least two people who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant, as will enable the City to properly evaluate such character and business responsibility. (k) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any City ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor. (l) The last municipalities, not to exceed three, where the applicant carried on business immediately preceding date of application, the name of the business the applicant was soliciting for and the address from which such business was conducted in those municipalities.

1. Upon receipt of each application, it will be referred to the Public Safety Director or a designee who will immediately institute such investigation of the applicant's business and moral character as the Director deems necessary for the protection of the public good. Itinerant Merchant Enterprise Licenses or Itinerant Merchant Permits may be denied for the following reasons:

(a) Fraud, deception or misrepresentation in connection with the securing of the license or permit. (b) A conviction within the past five years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license or permit is being sought in a professional, honest and legal manner. Such violations include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices and any form of actual or threatened physical harm against another person. (c) A revocation within the past five years of any license or permit issued to the applicant for the purpose of conducting business as a solicitor, peddler or transient merchant. (d) Failure to fully comply with any requirements of this Chapter. (e) Evidence of a negative business reputation. Evidence of a “negative business reputation” includes, but is not limited to, the existence of more than three complaints against the applicant with the Better Business Bureau, the Office of the Minnesota Attorney General, or other state attorney general’s office, or other similar business or consumer rights office or agency within the preceding 12 months or three complaints filed with the City against an applicant within the preceding five years.

2. If, as a result of such investigation, the applicant is found to be ineligible, the Public Safety Director or a designee will deny the application, and return the application to the City Clerk, who will notify the applicant that the application is denied and that no license or permit will be issued. 3. If, as a result of such investigation, the applicant is found to be eligible, the Public Safety Director or a designee will approve the application, return the application to the City Clerk who will notify the application that the application is approved and the license or permit will be issued. Such license or permit must contain the signature of the issuing officer and must show the name, address and photograph of said license/permit holder, whether the document is a license or a permit, and the kinds of goods to be sold, as well as the license/permit number and other identifying description of any vehicle used in such licensed/permitted business. 4. Each Itinerant Merchant must secure a personal permit. No permit may be used at any time by any person other than the one to whom it is issued.

1. Pursuant to the Noise Chapter of the Code, no permit holder may shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the City or upon private premises where sound of sufficient volume is emitted or produced to be capable of being unreasonably audible within an enclosed structure for the purpose of attracting attention to any goods, wares or merchandise which such the permit holder proposes to sell. 2. Exception for Mobile Food Units. Operators of Mobile Food Units must follow the directives established in the Mobile Food Units Chapter of the Code.

No permittee or licensee under this Chapter has any exclusive right to any location on the public streets or grounds or any stationary location. Permittees are not permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this Chapter, the judgment of a police officer, exercised in good faith, will be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.

Business may be conducted by license/permit holders under this Chapter between the hours of 8 a.m. and 9 p.m. on any day.

License holders and permittees are required to display their license/permit and photo ID issued by the City at all times.

It is the duty of police officers to enforce the provisions of this Chapter and require any person seen peddling or soliciting to produce approved licenses/permits as required by this Chapter.

1. Licenses and permits issued under the provisions of this Chapter may be suspended or revoked by the City Manager for any of the following causes:

(a) Fraud, misrepresentation, or false statement contained in the application for license or permit; (b) Fraud, misrepresentation, or false statement made while carrying out business as a licensed Itinerant Merchant; (c) Any violation of this Chapter; or (d) Conviction of any offense to which the granting of the license or permit could have been denied under this Chapter.

1. Any person contesting a citation or decision (including a denial or revocation of a license or permit) associated with this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision.

No license or permit holder whose license or permit has been denied or revoked may make further application until at least six months have elapsed since the last previous revocation.

Every licensee and permittee is required to comply with all applicable sections of the zoning chapters of the Code.

This Chapter establishes standards and regulations for operating lodging establishments in the City of Fridley (City).

Extended stay hotel: an establishment in which all rooms contain accommodations for sleeping and a kitchen equipped with a full-sized refrigerator, built-in cooking facilities, microwave, sink, cooking utensils, dishes and cutlery. Guestroom: a room in a lodging establishment intended to be used as a sleeping accommodation. Hotel (or motel): a building, structure, enclosure or any part thereof used as, maintained as, advertised as a place where sleeping accommodations are furnished to the public. Licensed premises: all property, whether in or out of a building or structure which is used for the licensed activity, including parking areas for use by lodgers; all property under the ownership, control or management of the operator. Lodger, renter or guest: the person obtaining lodging from an operator. Lodging establishment: any building, structure, enclosure or any part thereof used as, maintained as, or advertised as a place where sleeping accommodations are furnished to the public. Nuisance-related activities: any one or more of the following occurring or committed on the licensed premises:

1. Prostitution or prostitution-related activity, sex trafficking, or other human trafficking 2. Maintaining a public nuisance in violation of Minnesota Statute (M.S.) § 609.74 3. Permitting a public nuisance in violation of M.S. § 609.745 4. Maintaining or permitting a violation of Fridley City Code 5. Unlawful consumption, sale, possession, storage, delivery, manufacture, cultivation or use of controlled substances 6. Unlicensed sales of alcoholic beverages or unregistered sales of cannabis products 7. Unlawful use or possession of firearms, firearm parts or ammunition 8. Actions which constitute a violation of M.S. § 609.72 related to disorderly conduct. 9. Loitering pursuant to M.S. 609.3243.

Owner or operator: any person, firm association, partnership, limited liability company or corporation which is the record owner, part owner, lessee, receiver, sublessee or franchised operator of real property as listed on the Anoka County property records that operates a lodging establishment business that offers and accepts payment for guestrooms. Rent: the total consideration valued in money charged for lodging whether paid in money or otherwise, but may not include any charges for services rendered in connection with furnishing lodging other than the room charge itself.

To maintain the license to operate issued through the City, the operator must comply with the following minimum standards of operation:

1. No person may be allowed to rent a guestroom without providing suitable identification at the time of registration. The guest must verify their identification through production of a driver’s license, passport or other government-issued identification. The identification must match the name on any form of payment used. 2. No guestroom may be rented to any individual under the age of 18. The legal name of at least one individual over the age of 18 and all persons, excluding children, occupying the guestroom must be listed on the register at the time of registration. Any person who remains in a room after midnight is presumed to be a guest. Guestroom occupancy lists must be recorded and maintained by the lodging establishment for at least 365 days. 3. The lodging establishment must immediately, upon notice that a registration was incomplete or inaccurate, terminate the rental agreement and eject them from the licensed premises all guests occupying the guestroom for which such incomplete or inaccurate registration was provided. 4. Guestrooms must be numbered in a plain, conspicuous manner. Numbers must be placed and maintained on the outside of the outer door of each guestroom. No two guestrooms may be labeled with the same number. 5. No guest may be able to purchase a guestroom on an hourly basis. 6. Any licenses issued by the State, County or City must be conspicuously displayed in the office or lobby of the lodging establishment. 7. Lodging establishments must always have a manager on the licensed premises. 8. The lodging establishment must maintain and follow all building, mechanical, zoning and licensing regulations. Each guestroom must maintain the following minimum requirements:

(a) A proper entry door, windows, bed and bedding (b) Restroom facilities that include a toilet, sink and a bathtub or shower (c) Heating and air conditioning. (d) Smoke detector and fire sprinkler. (e) 24-hour free emergency telephone access to the front desk and to 911 services.

9. Maintenance of records. Every lodging establishment must keep a register of persons who rent a guestroom. The record is written documentation of information about a guest that may be maintained electronically, in a book or on cards. Records must be kept on the licensed premises in the reception of guest check-in area, or in an office adjacent to that area. No person may alter, deface or erase the record so as to make the information illegible or unintelligible, or hinder, obstruct or interfere with any inspection of record under this section. 10. Inspection of licensed premises. To ensure compliance with this Chapter, random inspections of the licensed premises may occur. 11. Inspection of maintained records. The maintained video, written and electronic records must be made available to law enforcement officials or other authorized City officials upon a reasonable request. 12. Cooperation with investigations. If a guest or employee of a lodging establishment makes an emergency call for service or reports suspicious or illegal activity to law enforcement, all individuals related to the lodging establishment must cooperate with law enforcement during the ongoing investigation. 13. Safety standards. Exterior spaces must be adequately maintained and illuminated. Common areas within the lodging establishment and exterior parking areas must be adequately covered by surveillance cameras, which are accessible by an employee onsite and inaccessible to guests. 14. Operators must provide sex trafficking prevention training as required by M.S. § 157.177 to all establishment employees. 15. New construction requirements. Any newly constructed lodging facility may only be designed so that guest rooms are accessible through a common lobby and not from separate exterior entrances. All new construction must be compliant with the zoning chapters of the Code, the State Building Code and the State Fire Code.

1. No person may own, operate or maintain any lodging establishment in the City while:

(a) Knowingly permitting the licensed premises to be used for any illegal purpose, including in any manner that is a violation of any building, fire, mechanical, zoning or licensing requirements of the State, County or City. (b) Knowingly allowing a guestroom to be occupied for the purposes of sex trafficking. (c) Knowingly allowing a guestroom to be occupied for the purposes of illegal drug activity. (d) Knowingly allowing a guestroom to be occupied by a minor for the consumption of alcoholic, THC or other intoxicating substances. (e) Prohibiting the inspection of the licensed premises in accordance with State, County or City regulations. (f) Failing to report observed or suspected illegal activity to Police in a reasonable period of time.

2. No owner, operator, employee, manager or contractor performing services of any kind may reside in a guestroom at the lodging establishment. 3. No guest may establish permanent residency at the lodging establishment. 4. Duration of stay. No owner, operator, employee, manager, contractor or guest may allow or permit guests of a hotel to stay longer than 29 days in a 60 consecutive day period. No owner, operator, employee, manager, contractor or guest may allow or permit guests of an extended stay hotel to stay longer than 120 days in a 150 consecutive day period.

1. If any of the following conditions exist, the operator or person in charge may be ordered to discontinue all operations of the lodging establishment until such time as the health authority confirms the correction of the violation:

(a) Failure to possess a license as required; (b) Lack of potable, plumbed, hot or cold water to the extent that hand washing, laundry facilities or toilet facilities are not operational; (c) Lack of electricity or gas service to the extent that hand washing, laundry facilities, ventilation, lighting, or toilet facilities are not operational; (d) Evidence of an ongoing illness associated with the operation of the lodging establishment; (e) Significant damage to the lodging establishment due to tornado, fire, flood, or other disaster; (f) Evidence of an extensive infestation of rodents or other vermin; (g) Evidence of cross contamination, filthy conditions, or poor personal hygiene to the extent of posing an imminent health risk; (h) Misuse of poisons or toxic materials.

2. The licensee must request a re-inspection prior to re-opening. Approval may be granted by the City Manager or a designee, or health authority.

1. Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal or modify that decision.

The City of Fridley (City) deems it necessary to establish regulatory oversight of lawful gambling activities through enhanced supervision to promote the health, safety and welfare of the public, as authorized by Minnesota Statute (M.S.) § 349.213.

The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this Chapter.

1. Licensed organizations in the City may be permitted to conduct lawful gambling or use any gambling device allowed by M.S. Chapter 349. 2. A licensed organization may not conduct lawful gambling at any site until it has first obtained from the Gambling Control Board a premises permit for the site. The Board will not issue a premises permit unless the organization submits with its application a resolution from the City Council approving the permit. 3. To be eligible for a permit, an organization must directly or primarily benefit the citizens of the City. 4. Licensed organizations conducting lawful gambling within the City must expend 50% of its expenditures for lawful purposes conducted or located within the City’s trade area. The City’s trade area is limited to the City and each city contiguous to the City. 5. Licensed organizations conducting lawful gambling within the City must file a copy of monthly gambling board financial reports to the City Clerk. 6. Licensed organizations conducting lawful gambling within the City in an establishment licensed under the Liquor Chapter of the Fridley City Code may sell pull-tabs from a booth used solely by the licensed lawful gambling organization, or conduct such other forms of lawful gambling with lawful gambling devices as may be permitted by State law and authorized by the City. Lawful gambling may neither be conducted by employees of the liquor establishment or conducted from the bar area. 7. Licensed organizations conducting lawful gambling in the City are responsible for booths and other equipment used in lawful gambling. 8. Gambling endorsements for on-sale liquor licenses issued pursuant to the Liquor Chapter of the Code are subject to the following regulations, which are be deemed as a part of the license, and failure of compliance may constitute grounds for adverse action as prescribed in the Code:

(a) Use of the licensed premises must be by means of a State approved lease agreement between the licensee and the licensed organization. A copy of the lease must be filed with the City Clerk, and also a copy must be kept on the premises and available for public inspection upon request. Leases are be governed by the following:

(1) Any form of lawful gambling permitted by the State as defined by M.S. Chapter 349 and otherwise approved or licensed by the City may be conducted on the licensed premises. (2) Pulltabs may only be conducted from a booth used solely by the licensed lawful gambling organization. Lawful gambling may neither be conducted by employees of the licensee or conducted from the bar service area. (3) The construction and maintenance of the booth used by the licensed lawful gambling organization is the sole responsibility of the licensed lawful gambling organization.

(b) Only one licensed lawful gambling organization is permitted to conduct lawful gambling on the licensed premises. (c) The licensee may not be reimbursed by the licensed lawful gambling organization for any license or permit fees, and the only compensation which the licensee may obtain from the licensed lawful gambling organization is the rent fixed in the lease agreement. (d) The licensee is responsible for the licensed lawful gambling organization's conduct. The City Council may suspend the licensee's permission to allow lawful gambling on the premises for a period up to 60 days for any violation of State or local gambling laws or regulations that occur on the premises by anyone, including the licensee or the licensed lawful gambling organization. A second violation within a 12-month period, and any additional violations within a 12-month period may result in the revocation of the lawful gambling permission and may also be considered by the Council as grounds for suspension or revocation of the on-sale liquor license. (e) Establishments licensed by the City for the sale of alcoholic beverages must seek qualifying organizations as defined in the Intoxicating Liquor Chapter of the Code whenever they contract with organizations to conduct lawful gambling on their premises. If the owner of the establishment is unsuccessful at locating a qualifying organization, they may attest to that fact on their liquor license application. The Council may waive this requirement for a non-qualifying organization.

1. Lawful gambling that is exempt or excluded from a license under M.S. § 349.166, requires a City permit. Application for a permit must be made to the City Clerk with payment of the specified fee as established in the Fees Chapter of the Code. 2. To qualify for a City permit, an organization must be in existence for at least three years and have at least 15 active members.

The purpose of this Chapter is to protect the health, safety, and welfare of the community through the establishment of standards for mobile food units to operate in a safe and effective manner in the City of Fridley (City).

Mobile Food Unit: A food or beverage service that is a mounted vehicle, either motorized or trailer, and is readily movable without disassembling for transport to another location. The two distinct types of Mobile Food Units are detailed below:

1. Food Truck: A self-contained unit in which food is stored, cooked, or prepared for direct sale to the consumer while parked or stationary in one location. 2. Ice Cream Truck: A motor vehicle utilized as the point of retail sale of pre-packaged ice cream, frozen yogurt, frozen custard, flavored frozen water, or similar frozen dessert products, while travelling within the City.

1. All operators of food trucks must obtain a license to operate within the City. 2. No person may operate a food truck within the City without a valid license from Anoka County or a Minnesota Department of Health license. 3. No license issued under this Chapter may be transferred to any other person or entity. 4. A license issued under this Chapter becomes effective from the date on which the license is issued through April 30 of the subsequent year. 5. A copy of the valid license must be openly displayed at all times in the mobile food unit when it is within the City. 6. For the purposes of this Chapter, any food truck equipped with appliances that produce smoke or grease-laden vapors must submit to a Fire Safety Inspection performed by the Fire Division, pursuant to the Mobile Food Preparation Vehicles Chapter of the Minnesota State Fire Code.

1. No person may operate a food truck within the City without a valid license from the City, which includes the following requirements:

(a) The full legal name of the owner of the food truck; (b) The full legal name of the operator of the food truck, other commonly known names the operator may use, the operator’s date of birth, and a copy of their driver’s license; (c) A list of names of all persons working in the food truck; (d) A description of the nature of the business and the goods to be sold out of the food truck; (e) A description of the food truck and valid license plate number for any vehicle associated with a City food truck license; (f) The name, address and contact information for the restaurant with which the food truck is affiliated, if applicable; (g) A complete Background Investigation Consent Form; (h) A Certificate of Insurance proving commercial general liability coverage of not less than $1 million for each occurrence, or a $2 million annual aggregate; (i) Proof of workers’ compensation insurance, or evidence of exemption, is required; (j) A copy of the applicant’s State sales tax identification number, with a complete State SP:C1 Form; and (k) Written consent of each private property owner from which sales from a food truck will be conducted.

1. Mobile food trucks are allowed under the following circumstances:

(a) In conjunction with a private party or event located at a City park, provided the renter of the park has a valid park rental permit issued from the City; (b) In conjunction with an event sponsored by the City taking place on City-owned property with written consent of the City Manager or a designee; (c) In conjunction with a school-sponsored event taking place on school-owned property with written consent of the school official; or (d) In conjunction with a private event, on private property with written consent from the property owner.

1. No mobile food truck operators may conduct business in the following manner:

(a) Calling attention to their business or the items to be sold by means of blowing any horn or whistle, ringing any bell, yelling, or by making any other noise that would disturb the peace and enjoyment of the general public. (b) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. An operator may not park a food truck on any public right-of-way or in residential zoning district except during events permitted under this Chapter. (c) Conducting business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public. (d) Conducting business before 7:00 a.m. or after 10:00 p.m. (e) Failing to provide license, registration, or identification when requested. (f) Using the registration of another person or business. (g) Using false or misleading statements about the products or services being sold, including untrue statements of endorsement. No food truck operator may claim to have the endorsement of the City solely based on the City having issued a license to that person. (h) Remaining on the property of another when requested to leave. (i) Operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. (j) Operating on the same property more than 21 days in a 60-day period. (k) Disposing waste water into any City stormwater drain. Waste water must be drained daily in the sanitary sewer system. (l) Failing to provide refuse containers for customers. The operator of a food truck is responsible for removing all refuse associated with the food truck operations. (m) No overnight storage of a food truck is permitted.

1. A licensed food truck is not required to obtain a Sign Permit from the City. However, no additional signage is permitted beyond that which is affixed to the food truck unless it meets the following requirements:

(a) One single sandwich board style sign is permitted per food truck; (b) The maximum sign size is eight square feet; (c) The sign must be placed on the ground and be within 10 feet of the food truck; (d) The sign must not be placed in a manner that obstructs passage upon any sidewalk; (e) The sign must not be placed within the improved travel surface of the public right-of-way.

1. All operators of ice cream trucks must obtain a license to operate within the City. 2. No license issued under this Chapter may be transferred to any other person. 3. A license issued under this Chapter becomes effective from the date on which the license is issued through April 30. 4. A valid license must be openly displayed at all times when the ice cream truck is within the City.

1. No person may operate an ice cream truck within the City without a valid license from the City, which includes the following requirements:

(a) The full legal name of the owner of the ice cream truck; (b) The full legal name of the operator of the ice cream truck, other commonly known names the operator may use, the operator’s date of birth, and a copy of their driver’s license; (c) A description of the types of confections to be sold out of the ice cream truck; (d) A description and valid license plate number for any vehicle associated with the license; (e) A completed Background Investigation Consent Form; (f) A Certificate of Insurance proving commercial general liability coverage of not less than $1 million for each occurrence, or $2 million annual aggregate is required; (g) Proof of workers’ compensation insurance, or evidence of exemption, is required; (h) A copy of the applicant’s State sales tax identification number, with a complete State SP:C1 Form.

1. Operations may be carried on only between the hours of 10:00 a.m. and 8:00 p.m. 2. The proposed area in which the licensed vehicle will travel each day while within the City. 3. The licensee must only operate on streets as approved by the City Manager or a designee. Changes to a proposed area or route must be submitted to, and approved by, the City Manager or a designee at least 10 days in advance of making any change. 4. At no time, may the licensee operate the ice cream truck outside of the area or route approved by the City Manager or a designee. This section does not apply to emergency situations or travel to and from the approved route.

1. When engaged in any vending operations, the ice cream truck must be parked as close to the street curb as practical. All vending must be done only at the curb side of the ice cream truck. 2. Ice cream trucks must not be parked in a manner that encourages unsafe pedestrian behavior, including but not limited to, encouraging the unsafe crossing of busy thoroughfares. 3. Ice cream trucks must be stopped or parked so as to not obstruct or cause a hazard to traffic or create danger of injury to customers or the general public. 4. All ice cream trucks must be equipped with flashing lights on both the front and rear of the vehicle, which must be clearly visible to oncoming traffic in full daylight. 5. No ice cream truck may be moved backward if: (a) There is a substantial number of people congregated near the ice cream truck. (b) The ice cream truck operator has reason to believe there are minors or persons with disabilities near the truck. (c) Movement in such direction threatens injury to any person in or near the ice cream truck. 6. Ice cream trucks must carry signaling or warning devices that enable the attendant to give adequate warnings to pedestrians or other vehicles on the street. 7. Except as permitted by this Chapter, while transiting within their designated area or route, no ice cream truck may operate any device that produces any noise or sound for the purpose of attracting persons to the ice cream truck. 8. Ice cream trucks may sound a manually operated bell in the areas of and the hours established in this Chapter, which produces a noise level measured at 50 feet from the source, no greater than 65 decibels, as defined in the Noise Chapter of the Fridley City Code (Code). 9. Ice cream trucks may not operate within one block of any school zone in the City.

1. Any license issued under this Chapter may be suspended, revoked, or denied renewal by the City Manager or a designee. Grounds include:

(a) Subsequent knowledge by the City of fraud, misrepresentation, or incorrect statements provided by an applicant on the application form; (b) Fraud, misrepresentation, or false statements made by the applicant in the application process; (c) Engaging in any prohibited activity as provided under of this Chapter; or (d) Violation of any other provision of this Chapter or Code, or any provision of State law.

2. The suspension or revocation of a license will apply to the owner of the mobile food unit, the operator of the mobile food unit (if different) and any other person authorized to work in the mobile food unit. 3. Prior to suspending or revoking any license issued under this Chapter, the City will provide the licensee with written notice of the alleged violations and inform them of their right to a hearing on the alleged violation. Notice will be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application. 4. Any person contesting a license suspension or revocation or other decision by the City associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code. 5. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision. 6. If, in the discretion of the City Manager or a designee, imminent harm to the health or safety of the public may occur because of the actions of any mobile food unit operations licensed under this Chapter, the City Manager or a designee, may immediately suspend the license by notifying the licensee in writing.

The fees for this Chapter are set in the Fees Chapter of the Code.

This Chapter protects the health, safety and welfare of citizens by requiring establishments engaged in retailing combustible cut trees to obtain a City license.

1. No cut tree sales may occur in residential districts, unless it is a legal institutional use authorized by the zoning chapters of the Code. Unless sales are taking place inside a building or structure, the sale lot must be located less than 20 feet from any adjoining building or structure. 2. Each lot must be laid out in such a manner as to provide aisles between the rows of tress that are not less than 10 feet wide and may not obstruct any forms of egress.

The purpose of this Chapter is to establish specific operational standards for automotive fuel stations and fuel sales in the City of Fridley (City).

Automotive fuel station: any property or any portion of property on which container(s) or tank(s), either portable or stationary, equipment, wells or terminals, or fuel dispensing devices are located and fuel is, or intended to be, transported, stored or dispensed on the property. Any facility that is either open to the public for sale of fuel or for private operations of or use in connection with any commercial, industrial, business, or governmental establishment, or for both. The provisions of this chapter shall not apply to any place where such flammable liquids are kept or sold for medicinal purposes only or for personal residential use with containers of not more than five gallons capacity. Fuel: any flammable or combustible liquid(s), including but not limited to carbon bisulphide, gasoline, acetone, naphtha, benzole, hydrocarbon (gas drips), liquefied petroleum gas (propane), kerosene, turpentine, or other flammable liquids having a flash point below 165° F. Fuel dispensing station: the designated area where hoses and nozzles are provided for the purpose of transferring and dispensing any fuel from a container or tank or similar vessel to any motorized vehicle or portable container. Fuel dispensing device: any container, pump or other device for supplying any fuel to vehicles or container; and every hose or pipe for transmitting fuel passing over or under the ground.

To maintain the license to operate issued by the City, the operator must comply with the following minimum standards of operation:

1. Zoning. Automobile fuel stations are allowed pursuant to the zoning chapters of the Code. The standards and requirements for automotive fuel stations are in addition to those which are imposed for other uses and activities occurring on the property. 2. Litter. The licensee is responsible for litter control on the subject property, which is to occur on a daily basis. Waste receptacles must be provided at a convenient location on site to facilitate litter control. 3. Noise. The licensee is responsible for noise control on the subject property pursuant to the Noise Chapter of the Code. A public address system may not be audible past the subject property line. 4. Exterior Lighting. Sources of exterior illumination must be in compliance with the Lighting Chapter of the Code.

Vehicle salvage yards process materials and debris contaminated by petroleum and chemical products, generate waste tires, batteries and other materials requiring special disposal methods, and store accumulations of materials and debris with the potential of contamination of soil, groundwater and surface waters. It is in the best interests of the public's health, safety and welfare to regulate their operations for the protection of the environment, to preserve the public's health, and guard against the danger of fire in the City of Fridley (City).

Junk: includes, but not be limited to old or scrap copper, brass, rope, rags, batteries, paper, synthetic or organic, trash, tires, rubber debris, solid or liquid waste, junk vehicles, dismantled vehicles, parts from vehicles, machinery, machinery parts, iron, steel and other old or scrap ferrous or nonferrous material. Junk Vehicle: A vehicle that meets all of the following criteria:

1. Is extensively damaged with the damage including such things as broken or missing wheels, motor, drive train, transmission or appears to be otherwise inoperable; and 2. Does not have a valid and current registration plate.

Vehicle Salvage Facility: any person engaged in the business of obtaining used motor vehicles to salvage and sell usable parts and who maintains a premises upon which to accumulate and dismantle such vehicles. Any person engaged in a business that allows more than one vehicle to be dismantled in whole or in part on his property for more than thirty days is a Vehicle Salvage Facility, unless licensed as a repair garage.

Exterior body components: the metal, fiberglass, plastic, or other material comprising the exterior of a motor vehicle including, without limitation but by way of example, fenders, hood, quarter panel, roof, trunk lid, bumpers, grills, and doors. This excludes window glass and lights. Licensee: the person to whom a license is issued under this Chapter including those persons who have completed or are required to complete applications as an individual applicant, whether or not said individual applicant information has been properly completed. Vehicle: every device in, upon, or by which any person or property is or may be transported or drawn upon a public roadway and which device is self-propelled. Vehicle does not include a vehicle moved solely by human power or a vehicle used primarily in connection with the care or cultivation of lawn and gardens, or which is used primarily for recreational purposes off of public roadways; by way of example, this exclusion includes lawn and garden tractors, riding lawn mowers, snowmobiles, and all-terrain vehicles. Vehicle does include, by way of example and not limitation, new or used automobiles, trucks, motorcycles, motor scooters, and motorized bicycles. Vehicle Repair Business: includes any facility, place, service, or business where minor or major repair of motor vehicles is conducted. Repair includes but it not limited to activities that include mechanical work performed on vehicle engines, engine components and accessories, air conditioning, brakes, transmission, vehicle suspensions, exhaust systems including lights, or repair or replacement of moving parts of motor vehicles. Businesses excluded from this definition, include quick service lubrication facilities that service the vehicle while the owner is on-site, fuel stations, and businesses that tow motor vehicles.

Vehicle Repair Business: includes any facility, place, service, or business, where the exterior body components or vehicle frame components of a motor vehicle are repaired, replaced, straightened, aligned, sanded, primed, or painted.

1. No person may own, operate, or maintain any Vehicle Repair Business in the City without obtaining a license pursuant to the provisions of this Chapter. 2. Applications must be made with the City Clerk in the format prescribed by the City. 3. Approval of such a license is contingent upon inspection by the Public Safety Director or a designee, the Fire Marshall and the Community Development Director or a designee to ensure compliance with State and local regulations. 4. Location of business. Prior to issuance of a vehicle repair business license the location must be zoned for such use. The licensee must submit a site plan showing the amount of off-street parking spaces that are needed for parking customers vehicles. Vehicle parking outside of the building overnight for the business use is limited to the parking area specified in the site plan. The purpose of administering the parking of vehicles it to prevent congestion, unsightliness or nuisance to the neighboring property and to the general public. 5. Conditions. If there are any conditions on the license, those conditions will be included on and incorporated into the license in writing. 6. Licenses are not transferable. 7. The City Clerk will issue the license after the recommendations by City staff, provided that the application contains all of the information required by this Chapter and any stipulations made through the zoning process are met. 8. In the event of the sale of the business or the licensee's death, the business shall be allowed to continue to operate for up to 30 days. The successor’s application must be submitted within 30 days from the date of the sale of the business or the licensee's death. In the event an application is not received within 30 days, the business license will expire. 9. The license if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Vehicle Repair Business or its designation as a Mobile Vehicle Repair Business. The license must be posted in a conspicuous place at or near the entrance to the Vehicle Repair Business so that it may be easily read at any time or copies may be available for inspection on each vehicle used in connection with a Mobile Vehicle Repair Business. 10. Each license will be issued to the applicant only and is not transferable. Each license will be issued only for the premises described in the application and is not transferable to a different location. No change in ownership, control or location of a license will be permitted except by amendment to the license which amendment must be approved by the Council. 11. Every license applicant must provide and maintain in full force and effect public liability insurance in the amount of $1 million. A copy of the certificate of insurance or binder showing such coverage must be attached to the initial, renewal or amended application for license. 12. Maintenance of records required. Every Vehicle Repair Business must maintain, on the premises, original records which include all work orders and invoices for all customers for whom motor vehicle body repairs have been performed. In addition, every Vehicle Repair Business must maintain a record of all parts that are purchased including the source, price, and method of payment. Purchase invoices must be maintained for all parts purchased by the licensee. These records must be immediately available for inspection and review by enforcement officials and must be retained on premise for at least two years. 13. Motor vehicle identification numbers. The applicant may not allow any motor vehicle parts to be installed in which the manufacturer’s identification numbers have been removed or altered. Manufacturer’s identification includes vehicle identification number (VIN), federal motor vehicle safety certification label and component labels. Manufacturer’s identification numbers also include all references in the federal motor vehicle theft law enforcement act of 1984 and the federal motor vehicle theft prevention standard codified as part of the Code of Federal Regulations. 14. Severely damaged vehicles. Immediately upon arrival at the motor vehicle repair business, the damaged vehicle must be inspected to ensure that there are no fluids leaking from the vehicle. 15. Environmental compliance. Waste shall be managed in accordance with the requirements of the Minnesota Pollution Control Agency and Anoka County. A copy of the current Hazardous Waste Generator License, Waste Tire Management Procedures, and similar documentation for the facility must be provided to the City upon request. 16. Inspection. An applicant or licensee shall permit representatives of the City to inspect the premises of a Motor Vehicle Repair Business, including all vehicles used in said business, for the purpose of ensuring compliance with the law at any time vehicle repair is occurring or open for business. If admission is refused, or if an inspection is requested and denied at a time when the licensee is not open for business, the City and its Departments may apply to the Court for a warrant to gain admission. 17. Refusal, suspension or revocation. It is unlawful for any applicant or licensee to intentionally make a false statement or omission upon any application form. Any intentional false statement in such application or any intentional omission to state any information called for on such application form, will upon discovery of such falsehood, be grounds for denial of a license, or if such license is already issued, will be grounds for revocation. Issuance of a license will not protect the applicant from prosecution of violation for this section. Any applicant who gives or furnishes an intentional false statement or intentional omission is also subject to the penalties provisions of the Code. 18. The City Council may suspend or revoke a license issued under this Chapter if the licensee fails to comply with all laws and regulations applicable to the operation of business including all zoning laws and environmental laws and regulations, or in the event of a criminal conviction involving the Vehicle Repair Business, by the licensee, the operating officer of the licensee, or any owner of the licensee. 19. The City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of any of the provisions of this Chapter or any other City Code Chapter, any State Statute regulating Vehicle Repair Businesses. Any criminal conviction by a court of law involving the licensed businesses for theft, receiving stolen property, or any other crime or violation involving stolen property will result in the immediate suspension pending a hearing on revocation of any license issued hereunder. 20. The Council may revoke a license if the land use approval for the business premises to allow the Vehicle Repair Business has been revoked or has lapsed. 21. The Council may revoke or suspend the license if the licensee, any operating officer of the licensee, or any person required to submit information as if an individual applicant, is convicted of knowingly possessing or using stolen vehicles or vehicle parts. 22. The Council may revoke or suspend the license of a licensee who has not complied with the requirements of this chapter. 23. Except in the case of a suspension following a criminal conviction pending a hearing on revocation, a revocation or suspension of a license by the Council must be preceded by a public hearing. The hearing notice must be given at least 10 days prior to the hearing, including notice of the time and place of the hearing, must state the nature of the charges against the licensee, and must be mailed to the licensee by certified mail at the business address stated in the license.

The fees for this Chapter are set in the Fees Chapter of the Code.

The purpose of this Chapter is to establish specific operational standards for used motor vehicles sales in the City of Fridley (City).

Dealer in Used Vehicles: Any person engaged in the business of selling, exchanging or otherwise disposing of, displaying, advertising or offering for sale, used or secondhand motor vehicles as a principal business or occupation, or as an adjunct or incident to any other business or profession. Vehicle: every device in, upon, or by which any person or property is or may be transported or drawn upon a public roadway and which device is self-propelled. Vehicle does not include a vehicle moved solely by human power or a vehicle used primarily in connection with the care or cultivation of lawn and gardens, or which is used primarily for recreational purposes off of public roadways; by way of example, this exclusion includes lawn and garden tractors, riding lawn mowers, snowmobiles, and all-terrain vehicles. Vehicle does include, by way of example and not limitation, new or used automobiles, trucks, motorcycles, motor scooters, and motorized bicycles.

The fees for this Chapter are set in the Fees Chapter of the Code.

Each licensee who sells a used motor vehicle directly or indirectly on credit must disclose to the person purchasing such motor vehicle all charges payable directly or indirectly by the person to whom the credit is extended including:

1. Interest, time price differential, and any amount payable under a system of additional charges. 2. Service charges. 3. Loan fee, finder’s fee, commission, rebate or similar charges. 4. Identification or credit report fees. 5. Premiums or other charges for life, accident, health or other insurance, including commissions or rebates.

1. No licensee or agent of such licensee may sell a used motor vehicle intended for use upon the public highways without first certifying in writing that said used motor vehicle complies with the requirements of Minnesota Statutes, Chapter 169, and that it is in condition and repair to render, under normal use, satisfactory and adequate service upon the highway at the time of delivery. 2. The failure of the licensee or the licensee's agent to deliver to the purchaser the certification required by this Chapter and the delivery of such certification knowing the same to be false or misleading and constitutes a violation of this Chapter.

The City Council may revoke any license issued under this Chapter, upon adequate notice and a hearing, before the Council on the following grounds:

1. Any violation of this Chapter. 2. Revocation of a used or secondhand vehicle dealer license by the State of Minnesota. 3. Failure of continued occupancy of an established place of business. 4. Material misstatement or misrepresentation in application for license or renewal thereof.

The purpose of this Chapter is to protect consumers and regulate auction sales within the City of Fridley (City) by establishing standards for auctioneers, requiring proper documentation of sales, preventing fraudulent practices, and ensuring adequate facilities for auction events.

This Chapter applies to licensed auctioneers who sell goods, wares or merchandise of any kind at public auction for anyone or for themselves; and any person who sells their own goods or property at public auction or private auction is an auctioneer within the meaning of this Chapter. The provisions of this Chapter do not apply to judicial or sheriff’s sales, sales made by executors or administrators, or to mortgage or lien foreclosure sales.

No property or premises in the City may be used for the purpose of a public auction without having provided proof of state or county licensure and bond to the City Clerk at least 14 days in advance of an auction. The notification to the City Clerk must be made in writing indicating the following information:

1. Address of property where sales are to be conducted; 2. Nature of articles to be sold; 3. Owners of property where sale is to be conducted; 4. Owners of articles to be sold; 5. Hours of sale; 6. Proposed dates of sale; 7. Names, addresses and license numbers of auctioneers; 8. If motor vehicle sales, the size and floor area of proposed sale building; and 9. Plan for off-street parking.