011723 Work Session Meeting Packet
CITY COUNCIL
WORK SESSION MEETING
New Hope City Hall, 4401 Xylon Avenue North
Northwood Conference Room
Tuesday, January 17, 2023
6:00 p.m. ‐ dinner
6:30 p.m. ‐ meeting
Mayor Kathi Hemken
Council Member John Elder
Council Member Andy Hoffe
Council Member Michael Isenberg
Council Member Jonathan London
1. CALL TO ORDER – January 17, 2023
2. ROLL CALL
11. UNFINISHED & ORGANIZATIONAL BUSINESS
11.1 Discuss use of 2023 Community Development Block Grant funds
11.2 Discuss public works project updates
11.3 Discussion on possible regulation of recreational vehicles
11.4 Discussion regarding business license renewal process
12. OTHER BUSINESS
13. ADJOURNMENT
I:\RFA\COMM DEV\2023\Work Session\01‐17‐23\01‐17‐23 CDBG Funds\WS ‐ 2023 CDBG Funds 01‐17‐23.docx
Request for Action
January 17, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Community Development
By: Jeff Alger, Community Development Specialist;
Jeff Sargent, Director of Community Development
Agenda Title
Discuss use of 2023 Community Development Block Grant funds
Requested Action
Staff requests that the City Council provide direction on how 2023 Community Development Block Grant
funds should be utilized, including the possibility of becoming a member of a consolidated pool of cities.
Tonja West‐Hafner, Program Analysis Supervisor with Hennepin County, will be in attendance at the meeting
to help explain the consolidated pool and answer any questions.
Policy/Past Practice
Federal regulations allow the use of Community Development Block Grant funds for a wide range of
activities, including housing rehabilitation, acquisition of property for affordable housing or public facility
development, blight removal, construction or rehabilitation of public facilities serving an area in which a
majority of the households are low/moderate income (including sidewalks, parks, trails, and community
centers), and economic development.
Background
The city has historically allocated the Community Development Block Grant (CDBG) funds it receives to
Hennepin County’s home rehab program and the city’s scattered site housing program. The home rehab
program offers deferred loans for home repairs and maintenance to income‐qualified residents of the city.
Hennepin County has advised that CDBG funds can no longer be used for the acquisition/demolition of
structures. If the funds were to be used for a scattered site acquisition/rehabilitation project, the home would
need to be sold to an income‐qualified individual or family. The city pursued this option in 2020 through a
partnership with Habitat for Humanity that involved the rehabilitation of a single‐family home at 8720 47th
Avenue North. CDBG funds from 2021 and 2022 were allocated to the home rehab program. Additionally,
15% of the CDBG funds allocated to New Hope are distributed for public service activities by Hennepin
County. Public service agencies apply for funding directly through Hennepin County, alleviating the need for
individual cities to distribute the grant funds. Funding for public service activities is awarded through a
single, combined competitive Request for Proposals process that involves all cities in the county CDBG
program.
It is expected that New Hope will receive approximately $100,000 in CDBG funds for 2023 (before 15% is
allocated for public service activities). If the city’s allocation is less than $100,000, it will be automatically
enrolled into a consolidated pool of cities that receive less than $100,000 per year. The consolidated pool
includes the cities of Crystal, Golden Valley, Robbinsdale, and several others. If New Hope’s allocation is
more than $100,000, it will have the option of joining the consolidated pool or continuing to distribute the
funds as so desired by the City Council. The main benefit of joining the consolidated pool would be the
potential to access a larger pool of funds. The City Council would no longer determine how the funds are
distributed; therefore, a public hearing would not be necessary each year. A selection committee comprised
of stakeholders from participating consolidated pool cities is responsible for evaluating projects and
Agenda Section
Work Session
Item Number
11.1
Request for Action, Page 2
formulating funding recommendations to the Hennepin County Board of Commissioners. Last year, the board
allocated $250,000 to the Hennepin County Home Rehab Program. The city of Crystal also received funds for
accessible playground equipment and restrooms at parks. The Request for Proposals from 2022 is attached. If
New Hope were to join the consolidated pool, any residents currently on the city’s waiting list would go to
the bottom of the waiting list for funds that are available through the consolidated pool of cities. This may
delay New Hope residents from receiving funds; however, it will result in a larger pool of funds being
available in the future. Over the last several years, New Hope has been able to fund 1‐2 loans per year through
the home rehab program.
Hennepin County’s Home Rehab Program
2015 2016 2017 2018 2019 2020 2021 2022
Loans 1 1 1 1 1 1 2 2
Amount $30,000 $30,000 $6,840 $12,600 $28,965 $30,000 $59,800 $59,205
Per Hennepin County, there are currently two home rehab loan applications in process and seven active
projects in progress that together have a committed balance of $245,107, which includes the funds committed
to applications in progress and active projects that have not been paid to contractors yet (does not include any
owner paid funds for additional work). There is currently an uncommitted balance of $30,073 and New Hope
has 23 individuals on the waitlist. Requested loan amounts for these individuals are unknown, however, the
loans can be up to $30,000 each. There were 13 individuals on the waitlist one year ago. Hennepin County
charges a 12% administrative fee to process all loans.
Prior to entering into a joint cooperation agreement with Hennepin County in 2018, the City Council selected
service providers who received pooled funding for the previously mentioned public service activities
annually (15% of allocated CDBG funds). Service agencies such as Community Action Partnership of
Suburban Hennepin (CAPSH), TreeHouse, and HOME Line would apply directly to the city to receive the
funds. In 2018, service agencies began applying directly to Hennepin County for the funds that were pooled
countywide. This arrangement has worked well and is similar to the consolidated pool that is being proposed
for the remainder of the CDBG funds.
Recommendation
Staff recommends that the City Council provide direction on whether it should become a member of the
consolidated pool of cities if its CDBG allocation is above $100,000. If it is below $100,000, the city will be
automatically enrolled. Tonja West‐Hafner, Program Analysis Supervisor with Hennepin County, will be in
attendance at the meeting to help explain the consolidated pool and answer any questions.
Attachments
Consolidated Pool Cities Request for Proposals for 2022 CDBG funds
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2022 CDBG Program Year (July 1, 2022 – June 30, 2023)
Responses due by Thursday, February 24, 2020 at 3:00 p.m.
Hennepin County
Community Development Block Grant (CDBG)
2022 Consolidated Pool Cities
Request for Proposals – Capital Funds
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PART 1: INTRODUCTION
Hennepin County is requesting proposals to fund housing rehabilitation, public facilities,
property acquisition, and other community development activities serving low- and moderate-income households in the “Consolidated Pool” communities of suburban Hennepin County.
Approximately $500,000 in funding will be awarded. This funding is available through the federal Community Development Block Grant (CDBG) program.
APPLICATION AND FUNDING SCHEDULE
1. Distribution of Applications and Solicitation of Proposal…………………………....…January 24, 2022
2. Applications Due…………………………………….………….by 3:00 p.m. on Thursday, February 24, 2022 3. Application Review………………………………………………………………………………………………...March 2022
4. County Board approval of funding awards (subject to change) …….………………May/June, 2022 5. HUD approval of funding awards (subject to change) ……………………………………June/July, 2022
6. Contract Period……………………………………………………………………………. July 1, 2022 – June 30, 2023
SUBMISSION OF PROPOSALS
All application documents must be received by 3:00 pm on Thursday, February 24, 2022.
Applications will be received in the Hennepin County Supplier Portal. In order to submit an application, you must first register with the Supplier Portal. For more information on how to
register, please go to the Supplier Portal Information Page. Please register with the Supplier Portal at least 5 business days prior to the application deadline.
Applications must be submitted using the fillable application form provided. Additionally, organizations must submit their certificate of insurance dated within two months of the
application deadline, and the organization’s current DUNS number. Please do not turn in any letters of support this year. Failure to submit a proposal on time may be grounds for rejection of
the proposal; however, the County reserves the right to accept proposals after the time and date specified at its sole discretion.
INQUIRIES
Please direct any questions to Tonja West-Hafner by phone at 612-348-259 or email at
tonja.west-hafner@hennepin.us. Applicants are strongly encouraged to contact this office with any questions prior to submitting their applications.
ADDENDA
The County reserves the right to modify the RFP at any time prior to the application due date. If the RFP is modified, addenda to the RFP will be provided to all applicants known to have received
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a copy of the RFP. It is the responsibility of each prospective applicant to ensure receipt of all addenda. The County will modify the RFP only by formal written addenda. Applicant’s proposal
should be based on the specifications herein and any formal written addenda from the County.
COUNTY’S RIGHT TO WITHDRAW, CANCEL, SUSPEND AND/OR MODIFY RFP
The County reserves the right to withdraw, cancel, suspend, and/or modify this RFP for any reason and at any time with no liability to any prospective applicant for any costs or expenses
incurred in connection with the RFP or otherwise. Hennepin County reserves the right to accept or reject any or all applications received, to accept or reject any late applications, to rescind the
request for proposals, to request additional information as deemed necessary to review any application, to negotiate with all qualified proposers, to use any or all proposer ideas and/or
approaches presented, or to cancel in part or in its entirety this request for proposals, if it is in the best interest of Hennepin County to do so.
PROPOSER’S RIGHT TO WITHDRAW OR MODIFY PROPOSAL
An application may be withdrawn on written request of the applicant prior to the proposal due
date. Prior to the proposal due date, changes may be made, provided the change is submitted in writing and signed by an officer or authorized representative of the applicant. No modification,
unless in writing, will be accepted.
PROPOSALS WILL NOT BE RETURNED
Upon submission, proposals will not be returned.
PUBLIC DISCLOSURE OF PROPOSAL DOCUMENTS
Under Minnesota law, proposals are private and nonpublic until the proposals are opened on the proposal due date. Once the proposals are opened, the name of the applicant becomes
public. All other data in the proposal is private or nonpublic data until completion of the evaluation process. The evaluation process is completed when the County enters into a
contract with an applicant. At that time, all remaining data submitted by all applicants is public with the exception of data exempted under Minn. Stat. Section 13.37 of the Minnesota
Government Data Practices Act. If the applicant believes non-public data is included in its proposal, applicant shall clearly identify the data and cite the Minnesota Government Data
Practices Act exemption(s). However, the applicant agrees, as a condition of submitting a proposal, the County will not be liable or accountable for any loss or damage which may result
from a breach of confidentiality, as may be related to the proposal. Pricing, fees, and costs are public data. The applicant agrees to indemnify and hold the County, its officials, agents, and
employees harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act, including
legal fees and disbursements paid or incurred to enforce this provision.
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PROPOSER’S COSTS
The County shall not be responsible for any costs incurred by applicant in connection with this
RFP. Applicant shall bear all costs associated with proposal preparation, submission, and attendance at presentation interviews, or any other activity associated with this RFP or otherwise.
COLLUSION
If the County determines that collusion has occurred among applicants, none of the applications
of the participants in such collusion shall be considered. The County’s determination shall be final.
CONFLICT OF INTEREST
Applicant affirms that, to the best of its knowledge, its application does not present a conflict of
interest with any party or entity, which may be affected by the terms of a contract resulting from this RFP. The applicant agrees that, should any conflict or potential conflict of interest become
known, it will immediately notify the County of the conflict or potential conflict, and will advise the County whether it will or will not resign from the other engagement or representation.
Further, the County may make reasonable efforts to avoid, mitigate, or neutralize an organizational conflict of interest by an applicant in all competitive procurements. To avoid an
organizational conflict of interest by an applicant, the County may utilize methods including disqualifying an applicant from eligibility for a contract award or canceling the contract if the
conflict is discovered after a contract has been issued. To mitigate or neutralize an organizational conflict of interest by an applicant, the County may use methods such as revising the scope of
work to be conducted, allowing applicant to propose the exclusion of task areas that create a conflict, or providing information to all applicants to assure that all facts are known to all
applicants. The County may, at its sole and absolute discretion, waive any conflict of interest.
PROPOSAL FORMAT AND CONTENT Applicants must submit one electronic copy of the Application Form in PDF format. Addenda
such as council resolutions, budget pages, and letters of support may be included as PDF or Microsoft Excel attachments.
PROPOSAL EVALUATION AND RECOMMENDATION FOR SELECTION
A selection committee comprised of staff from cities in suburban Hennepin County will review applications and make funding recommendations. Projects will be reviewed using established
review and ranking criteria. The selection committee may request additional information prior to finalizing its funding recommendations. Funding recommendations will then be considered
by the County Board, which will have final authority on funding allocations. Funding recommendations are expected to be presented to the Board in May 2022, although this timeline
is subject to change.
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The County may require the entities selected for funding to submit fiscal, technical, or other revisions of their applications. The County reserves the right, in its sole discretion, to make a
determination of awards regardless of the recommendations of the Review Committee, and reserves the right, in its sole discretion, to make fewer awards than recommended or no awards.
This RFP does not constitute a commitment to make funding awards. Hennepin County reserves the right to cancel a funding commitment if the project is not proceeding according to the
timeline submitted in the application.
FINANCING TERMS AND CONTRACTUAL REQUIREMENTS
Activities are typically awarded financial assistance in the form of a grant or deferred loan. Financing terms will be determined by Hennepin County staff based on the type of activity,
project timeline, and operating budget. The minimum funding award will be $15,000. There is no maximum funding award. Funds are anticipated to be available for eligible expenditures incurred
on or after July 1, 2022.
PART 2: PROPOSAL CRITERIA
ELIGIBLE APPLICANTS Only activities that will occur in cities that are Cooperating Units in the Consolidated Pool
according to the 2020-2023 Hennepin County CDBG Joint Cooperation Agreement are eligible to submit applications. A map of Consolidated Pool cities can be found on page 7 of this
document.
Consolidated Pool cities, for-profit or non-profit developers or providers or the County may
apply on their own or partner with a Consolidated Pool city to submit applications for housing rehabilitation or economic development activities. Where a third-party organization, not party
to the application, will be involved in the implementation of the activity, a letter of commitment from that organization is required. This letter should indicate the organization’s commitment to
provide staff or other resources to the project if CDBG funding is received.
ELIGIBLE ACTIVITIES
Federal regulations allow the use of CDBG funds for a wide range of activities, including but not limited to: housing rehabilitation, acquisition of property for affordable housing or public facility
development, blight removal, construction or rehabilitation of public facilities serving an area in which a majority of the households are low/moderate income (including sidewalks, parks, trails,
and, community centers), and economic development. Activities must successfully be able to meet a national objective that is compatible with to the activity.
Activities funded with CDBG must meet a priority need of the Five-Year Consolidated Plan for
suburban Hennepin County. Those needs are:
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• Preserve and Create Multifamily Rental Opportunities – highest priority for units affordable
to households with incomes below 30% of the area median income
• Preserve and Create Single Family Homeownership Opportunities – highest priority for units
affordable to households with incomes below 60% of the area median income
• Create Housing Opportunities for Homeless Populations
• Neighborhood Revitalization
• Economic Development
In addition, promote, target, and/or reduce access barriers to people of color and people with low and moderate incomes.
Due to the complexity of CDBG eligibility requirements, applicants are encouraged to contact
county staff to discuss potential projects.
INELIGIBLE ACTIVITIES
Federal regulations do not allow CDBG funds to be utilized for new construction of housing, or for construction or rehabilitation of buildings for the general operation of government (such as
city hall or office space).
Public service activities (such as youth counseling, senior programming, or direct emergency assistance) are eligible for CDBG assistance but are not eligible to apply for funds through
this RFP. Public service activities serving the Consolidated Pool may apply for county CDBG funds through the county 2022 CDBG Public/Social Services RFP, which can be found on the
Portal.
LOW/MOD INCOME BENEFIT
Activities receiving CDBG Consolidated Pool funding must serve a client base of which a minimum of 51% of clients are “low/mod income” households, or conduct work in low or
moderate income census tracts meeting the “Area Benefit” qualification Income limits are determined the U.S. Department of Housing and Urban Development (HUD) and adjusted
annually. The current limits (effective June 1, 2021) based on household size are below.
ELIGIBLE SERVICE AREA
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
30% 22,050 25,200 28,350 31,450 34,000 36,500 39,000 41,550
50% 36,750 42,000 47,250 52,450 56,650 60,850 65,050 69,250
60% 44,100 50,400 56,700 62,940 67,980 73,020 78,060 83,100
80% 55,950 63,950 71,950 79,900 86,300 92,700 99,100 105,500
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OTHER CDBG PROGRAM REQUIREMENTS Descriptions or summaries of laws, rules and regulations below are not meant to be definitive or
conclusive. Applicants are encouraged to contact county staff to discuss how a potential project may be impacted by federal requirements, specifically federal regulations for Community
Development Block Grants (24 CFR Part 570).
Anti-Discrimination In accordance with Hennepin County's policies against discrimination, no
person shall be excluded from full employment rights or participation in or the benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability,
marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws, rules, or regulations against discrimination shall
be otherwise subjected to discrimination.
Affirmative Action Projects shall comply with all applicable local rules and regulations for
affirmative action. Where federal, state, and/or local policies and requirements for affirmative action and equal employment opportunity differ, the most restrictive policies and requirements
shall apply. However, applicant shall provide any reports or other documentation required by each jurisdiction in order to demonstrate compliance with applicable laws, ordinances, and
regulations.
Davis Bacon Act and Section 3 Projects involving construction or rehabilitation of public
facilities, or housing rehabilitation projects involving a property with 8 or more housing units require compliance with federal labor standards provisions, including the payment of a prevailing
wages. Contracts must also be subject to overtime previsions. Construction contracts of $100,000 or more will trigger Section 3 requirements for subcontracting and hiring.
Environmental Review A completed Environmental Review is required for all activities receiving CDBG assistance. The Environmental Review will be completed by County staff. Once an
application has been submitted through this RFP, “no choice limiting action” may be taken by the applicant prior to receiving the Release of Funds. Choice limiting actions include but are not
limited to: any physical action on a site; commitment or expenditure of HUD or non-HUD funds for property acquisition, rehabilitation, conversion, lease, repair, or construction activities.
Applicants that proceed with any choice limiting action(s) will forfeit access to CDBG funds for the project. Purchase Agreements for property should be contingent upon this requirement.
Fair Housing The Fair Housing Act prohibits discrimination in all housing related transactions based on race, color, religion, national origin, sex, familial status and disability. Projects shall
comply with all federal laws, executive orders, and implementing rules and regulations. Projects shall also comply with Minnesota law and local city ordinances regarding fair housing and human
rights.
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Financial Management Projects must follow federal requirements (described at 2 CFR Part 200) for allowable costs and other financial management requirements including single audit
requirements, if applicable.
Financial Commitments Applicants shall identify all financial commitments necessary to
complete the activity and provide third party documentation supporting all funding pledges, conditions/terms and applicable deadlines. Any in-kind contributions from the municipality,
business sector, and/or community must also be detailed and included with the application. CDBG funds may not be used to substitute other local or state funding for the same activity in
the prior 12 months.
Lead Paint Activities involving rehabilitation or demolition of structures built prior to 1978 are
subject to lead paint hazard screening requirements. Abatement of any identified lead paint hazards may be required.
Relocation Rental and homeownership activities that trigger the Uniform Act are acquisition, demolition or rehabilitation of property (not including voluntary homeowner rehabilitation).
Acquisition includes the purchase of real estate, including vacant parcels, regardless of the source of acquisition funds. Any activities that could result in temporary or permanent displacement
and the relocation of tenants will require the creation of a relocation plan. All activities will trigger the need for one or more disclosure notices for the sellers, buyers and/or occupants. It is
recommended that the developer work with a relocation expert/consultant.
Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on
disability and requires that equal opportunity housing. Section 504 requires that five percent (rounded up) of all new and rehabilitated units must be fully accessible for people with mobility
impairments (physical handicaps) and that an additional two percent (rounded up) of all new units must be fully accessible for sensory (hearing or vision) impairments. The accessibility must
meet the Uniform Federal Accessibility Standards (UFAS). Additional requirements apply to the common areas. These requirements state that all ground floor units must be accessible in
buildings with no elevator, when feasible, if built prior to March 13, 1991. For buildings with elevators, all units must be accessible. Section 504 requires that reasonable accommodations be
made in rules, policies, practices, services and reasonable structural modifications
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PART 3: PROPOSAL RANKING CRITERIA
All applications will be reviewed by Hennepin County staff to assure that the projects are eligible for CDBG
funding and meet CDBG Program benefit requirements. Projects which do not meet basic CDBG eligibility
criteria will be removed from further consideration. The Selection Committee will then utilize the following
criteria to rate projects and formulate funding recommendations to the Hennepin County Board of
Commissioners. If the organization or City has worked with the County in the past, the staff will describe
and rate their past performance in complying with CDBG regulations and activity timelines.
Category 1: Previous Work with County (if applicable) and Activity Completion
• The project will be completed and expend funds in a timely manner.
• The project can be completed within the grant term (July 1, 2022 to June 30, 2022).
• Most or all needed funding has been committed (verified with award letters).
Category 2: Feasibility and Organizational Capacity
• The applicant has the staff expertise to implement the proposed activity.
• The applicant has the staff expertise to ensure compliance with federal grant regulations.
• The organization has provided their insurance and organizational documentation.
• The organization has the financial capacity to complete the project.
• The project is feasible to implement (including compliance with federal grant regulations) with identified financial and staff resources.
Category 3: Project Benefit
• Cost per household is justified and likely to result in meaningful outcomes.
• Project provides benefit principally to low- and moderate-income persons and promotes to and removes access barriers for people of color.
• Project budget appears reasonable and CDBG funds are being prudently utilized.
• The project leverages funding from other local, state, or private sources.
• The project provides a benefit or service that meets a growing need.
• The project serves an area or population with a high rate of poverty, evictions, or other relevant disparities.
• Project can demonstrate strong outcomes from previous related work.
Category 4: Public Support and Consistency with the Plan
• The project addresses a high priority need identified in the 2020-2024 Consolidated Plan.
• Project addresses a locally identified high priority community development need.
• Demonstrated how services are informed by input from the people the organization serve.
I:\RFA\PUBWORKS\2023\Work Session\011723\11.2 Q ‐RFA 2023 Project Updates.docx
Request for Action
January 17, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Public Works
By: Bernie Weber, Public Works Director
Agenda Title
Discuss Public Works Project Updates
Requested Action
Staff is requesting that the Council receive a presentation by the city engineer regarding several upcoming
projects, including the Meadow Lake Management Plan, 2022‐23 Sanitary Sewer Lining, Highway 169 Noise
Wall, Highway 169 & 42nd Avenue Bridge & Interchange, 42nd Avenue Improvements, 2023 Infrastructure
Improvements, and the Highway 169 & 36th Avenue Bridge Reconstruction.
Policy/Past Practice
It is a past practice of Public Works staff to update the City Council on current and upcoming projects.
Background
Meadow Lake Management Plan
In spring of 2022 water levels in Meadow Lake returned to pre‐drawdown levels. Shingle Creek Watershed
Management Commission staff continued to monitor several water quality parameters, submerged aquatic
vegetation, phytoplankton and zooplankton, fish community, and sediment chemistry throughout 2022.
Waterfowl and turtles have been documented as returning to Meadow Lake. A fishery survey was done the
week of July 11, 2022 and revealed the invasive fathead minnow population was eliminated as a result of the
drawdown. A sediment core survey was done at the end of July to document nutrient levels and found that
phosphorus levels remain high in the lake bottom sediments. Unfortunately, a vegetation survey found the
invasive plant curly‐leaf pondweed remained in the lake. Next steps in the Meadow Lake Management Plan will
be determined this winter but are most likely to include a possible aquatic vegetation herbicide treatment to
control the invasive plants, and an alum treatment to limit the phosphorus release from the lake bottom
sediments.
2022‐23 Sanitary Sewer Lining
Insituform Technologies USA, LLC is the contractor for this project. At the August 8, 2022 council meeting
Insituform was awarded the base bid and alternates 1 and 5 for $513,411.60. Shop drawings have been submitted
and approved and work is to begin this winter.
MnDOT Highway 169 Noise Wall (Bass Lake Road to 62nd Avenue)
A preconstruction meeting on the initial tree removals was held on January 9, 2023. Tree removal began on
January 10. Residents near the work area have been notified by MnDOT staff. The contractor will also remove
trees around TH 169/42nd Avenue in anticipation for the bridge and interchange reconstruction project. The
noise wall project will be bid on or around January 27, 2023 with construction beginning as early as April 2023
and completion in October 2023. An agreement between the city and MNDOT will be brought before the council
at the January 23, 2023 meeting. The city pays 10% of the costs of the noise wall, estimated to be around
$249,043.28.
Agenda Section
Work Session
Item Number
11.2
Highway 169 & 42nd Avenue Bridge & Interchange
Two agreements between MNDOT, Hennepin County, Plymouth, and the City of New Hope are being finalized
and will be brought to the January 23, 2023 Council Meeting for approval. MnDOT plans to bid this project this
winter and then start on construction in Spring 2023. The work involves construction of a new bridge and
interchange and then street and signal improvements from Nathan Lane to Gettysburg Avenue. The interchange
will be changed from the existing cloverleaf to a folded diamond configuration. There will be various
construction phases associated with the project, and eventually all the existing ramps will be closed.
42nd Avenue Improvements
This project involves a new signal and pedestrian push buttons at Boone Avenue, new watermain from Xylon
to Gettysburg Avenue, ADA ramp improvements from Gettysburg to Winnetka, a new trail on the south side of
42nd Avenue from Boone to Gettysburg Avenue, new decorative street lighting from Xylon to Gettysburg, and a
mill and overlay of 42nd Avenue from Gettysburg to Winnetka Avenue. New striping will be placed after the
mill and overlay project. Because we will be exceeding the available funds in our Municipal State Aid (MSA)
account, staff will be preparing and bringing a resolution requesting an advance on our MSA account to cover
those eligible costs from this project. Xcel Energy buried their new power lines along 42nd Avenue North as well
as areas to the north and south of 42nd Avenue in anticipation for the upcoming 42nd Avenue improvements. As
soon as Comcast has their communications cable buried this spring, Xcel Energy will switch power over to the
new buried lines and remove the existing poles. Plans for the 42nd Avenue Improvements are being prepared by
the city and reviewed by Hennepin County. Plans will be brought back for city approval in February. The intent
is to do this work in conjunction with the work on the TH 169 Bridge. Two‐way traffic is proposed to be
maintained throughout most of the project construction.
2023 Infrastructure Improvements
The location of the 2023 project includes streets in the Northwood southeast neighborhood bounded by Boone
Ave to the west, 36th Avenue to the north, and the City of Crystal to the south and east. Elm Grove Ave, 61st
Avenue between Winnetka Avenue and Sumter Avenue, and Sumter Avenue between 61st Avenue and Sumter
Place are also proposed for street improvements. Utility improvements will include the replacement of the
sanitary sewer manhole lids, frames, and rings to reduce inflow and infiltration. Several sections of water main
are proposed for replacement along Yukon Avenue, Virginia Avenue, and 37th Avenue. In addition to water
and sanitary sewer repairs, there will be stormwater related improvements including a proposed rain garden or
pollinator garden in Northwood Park, and drainage improvements near one of the inlets to Meadow Lake both
included as alternates. The preparation of plans and specifications continues. The plans will be brought to the
January 23 or February 13 meetings for approval. Due to some of the weather issues last fall, the site meeting
with residents was delayed until this spring.
MnDOT Highway 169 & 36th Avenue Bridge
MNDOT is proposing replacement of the 36th Avenue bridge in 2024. The existing pedestrian bridge will not be
replaced and will remain in place. Meetings are starting up related to discussions on this project. A Waiver of
Municipal Consent will be brought to the January 23 council meeting for consideration.
Attachment
January 10, 2023 memo from the city engineer on these items.
Memo
To:Bernie Weber
City of New Hope
From:Dan Boyum
City Engineer
Project/File:Various Public Works Updates Date:January 10, 2023
Reference: Meadow Lake Drawdown, 2022/2023 Sanitary Sewer Lining, TH 169 Noise Wall, TH
169/42nd Avenue Bridge, 42nd Avenue Improvements, 2023 Infrastructure Improvements,
TH 169/36th Avenue Bridge
Bernie – Below please find an update on the above referenced projects:
Meadow Lake Drawdown
Water levels in Meadow Lake have returned to pre-drawdown levels. Shingle Creek Watershed
Management Commission staff has continued to monitor water quality, submerged aquatic vegetation,
phytoplankton and zooplankton, fish community, and sediment chemistry throughout the year.
Ducks, geese, painted turtles and snapping turtles have been documented as returning to Meadow Lake. A
fishery survey was done the week of July 11, 2022. This survey revealed the invasive fathead minnow
population was eliminated as a result of the drawdown
A sediment core survey was done at the end of July to document nutrient levels. This survey found that
phosphorus levels remain high in the lake bottom sediments. A vegetation survey found the invasive plant
curly-leaf pondweed still remained in the lake. Next steps in the Meadow Lake Management Plan will be
determined this winter. Next steps could be an aquatic vegetation treatment and alum treatment.
2022/2023 Sanitary Sewer Lining
The contractor is Insituform Technologies USA, LLC. The council awarded the base bid and alternates 1
and 5 to Insituform for $513,411.60 on August 8, 2022. Shop drawings have been submitted and approved
and work is beginning this winter.
TH 169 Noise Wall
A preconstruction meeting on tree removal was held on January 9, 2023. Tree removal begins on or
around January 10. Residents near the work have been notified. The contractor will also remove trees in
the area of TH 169/42nd Avenue. The project will be bid on or around January 27, 2023 with construction
beginning as early as April 2023 and completion in October 2023. An agreement between the City and
MNDOT will be approved at the January 23, 2023 meeting. The city pays 10% of the costs of the noise
wall, or around $249,043.28.
TH 169/42nd Avenue Bridge
Two agreements between MNDOT, Hennepin County, Plymouth, and the City of New Hope are being
finalized and will be brought to the January 23, 2023 Council Meeting for approval. MNDOT plans to bid
this project this winter and then start on construction in the Spring 2023. The work involves construction of
a new bridge and interchange and then street and signal improvements from Nathan Lane to Gettysburg
Avenue. There will be various construction phases associated with the project, and eventually all the
existing ramps will be closed.
January 10, 2023
Bernie Weber
Page 2 of 2
Reference: Public Works Updates
42nd Avenue Improvements
Xcel Energy had buried their new power lines along 42nd Avenue North as well as areas to the north and
south of 42nd Avenue. Once Comcast has their communications cable buried this spring, Xcel Energy will
switch power over to the new buried lines and remove the existing poles.
Plans for the 42nd Avenue Improvements are being prepared by the city and reviewed by Hennepin County.
Plans will be brought back for city approval in February. The work on the project involves a new signal and
pedestrian push buttons at Boone Avenue, new watermain from Xylon to Gettysburg Avenue, ADA ramp
improvements from Gettysburg to Winnetka, a new trail on the south side of 42nd Avenue from Boone to
Gettysburg Avenue, new decorative street lighting from Xylon to Gettysburg, and a mill and overlay of 42nd
Avenue from Gettysburg to Winnetka Avenue. New striping will be placed after the mill and overlay project.
Because we will be exceeding the available funds in our Municipal State Aid (MSA) account, staff will be
preparing and bringing a resolution requesting an advance on our MSA account to cover those eligible
costs from this project.
The intent is to do this work in conjunction with the work on the TH 169 Bridge. Two-way traffic is proposed
to be maintained through most of the project construction.
2023 Infrastructure Improvements
Preparation of plans and specifications continues. The plans will be brought to the January 23 or February
13 meetings for approval. Due to some of the weather issues this fall, the site meeting with residents was
delayed until this spring.
TH 169/36th Avenue Bridge
MNDOT is planning to replace this bridge in 2024. The pedestrian bridge will not be replaced. Meetings
are starting up related to discussions on this project. A Waiver of Municipal Consent will be brought to the
upcoming council meeting on January 23, 2023.
Please contact me with any questions, and we will provide an update to the council and staff at the January
17, 2023 work session.
Stantec Consulting Services Inc.
Dan Boyum
City Engineer
Phone: (612) 712-2021
Mobile: 6517755098
dan.boyum@stantec.com
I:\RFA\COMM DEV\2023\Work Session\01‐17‐23\1‐17‐23 Recreational Vehicles\11. Q ‐WS Recreational Vehicles 1‐17‐23.docx
Request for Action
January 17, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Community Development
By: Jeff Sargent, Director &
Brandon Bell, CD Coord/Management Analyst
Agenda Title
Discussion on Possible Regulation of Recreational Vehicles
Requested Action
Staff requests direction from the City Council on whether recreational vehicles should be further regulated by
the zoning code.
Policy/Past Practice
It is a past practice to request input on potentially controversial zoning code changes.
Background
At the June 2022 work session, the City Council discussed imposing potential limitations on the number and
size/height of recreational vehicles stored on residential properties. Recreational vehicles are defined as self‐
propelled vehicles or vehicles stored on licensed trailers which are used primarily for recreational‐leisure time
activities including, but not limited to, campers, tent trailers, motor homes or other vehicles used for temporary
living quarters, boats, canoes, kayaks, all‐terrain vehicles, snowmobiles, golf carts, race cars, stock‐cars,
motorcycles, utility trailers, off‐road vehicles, and similar vehicles or equipment. No more than three (3)
recreational vehicles or equipment may be stored outside as exterior storage on a property. Any recreational
equipment or vehicles stored on a property in excess of three (3) must be stored inside of a building. One or
more recreational vehicles stored on a trailer constitutes one (1) vehicle for the purpose of the definition.
Recreational equipment and vehicles may be stored in the front, side, or rear yards except for recreational
vehicles and equipment not allowed to be operated on public streets, such as boats, all‐terrain vehicles, off road
vehicles, snowmobiles, golf carts, racecars, and stock cars. Such vehicles or equipment must be stored inside of
a building or placed on or inside of a licensed trailer or licensed motor vehicle.
Front yard and side yard corner lots with curb cut access storage of recreational equipment or vehicles must
meet the following standards:
1. Must be on bituminous, asphalt, or other hard surface material that is durable, weather resistant, and
suitable to control dust and drainage. Class 5 gravel or rock and landscaped yard or grass areas are not
suitable for storage.
2. Must be set back 15 feet from the street curb and storage shall not encroach on any sidewalk.
3. May not utilize the minimum number of off‐street parking spaces required by City Code.
Side and rear yard storage of recreational equipment or vehicles must meet the following standards:
1. Must be on bituminous, asphalt, or other hard surface material that is durable, weather resistant, and
suitable to control dust and drainage. Class 5 gravel or rock and landscaped yard or grass areas are not
suitable for storage.
Agenda Section
Work Session
Item Number
11.3
Request for Action, Page 2
2. Must maintain at least a three (3) foot setback from the side or rear yard property lines except for canoes,
kayaks, and other small boats stored at the shoreline of Meadow Lake and Northwood Lake.
3. Must be at least 50% screened to break up the visual appearance of the exterior storage from adjoining
properties through landscaping or fencing.
Screening requirements do not apply to recreational vehicles stored in the front yard or side yard corner lots
with curb cut accesses.
At the June work session City Council requested that staff develop some potential options for regulating
recreational vehicles that are parked in front yard driveways. Staff has developed four different options if the
City Council chooses to recommend pursual of an ordinance amendment:
1. The definition for boats would be separated from recreational vehicles. Restrictions on boats would be
set at 20 feet in length. Any boat over 20 feet in length would be prohibited from being parked on any
driveway.
The 20‐foot length restriction is completely arbitrary and could be set at any length
Length could be determined by running the boat registration numbers typically displayed on
the side of the boat, assuming they are visible.
2. All recreational vehicles 30 feet and longer would be prohibited from parking on any driveway.
Currently, RVs must be setback at least 15 feet from the curb and may not obstruct sidewalks.
3. All recreational vehicles parked on a driveway must belong to, and be registered with, the owner(s) of
the property they are parked on.
This option would still allow for the storage of large recreational vehicles, including boats,
assuming that they meet all of the setback requirements.
It should be noted staff receives very few complaints about the size of recreational vehicles. The Codes and
Standards Committee met about this subject in August 2021 and decided that no change should be made to the
current New Hope City Code.
Recommendation
Staff agrees with the Codes and Standards Committee’s opinion that the current New Hope City Code is
sufficient. If the City Council feels that the current ordinance regulating recreational vehicles is not adequate,
staff recommends direction by the City Council as to which of the options they would prefer from those that
were presented. Staff would then draft and present an ordinance amendment to the Planning Commission
before presenting it to City Council.
Attachments
Minutes from 6/30/2022 City Council work session
City Council Work Session June 20, 2022
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes
Work Session Meeting
June 20, 2022
Northwood Conference Room
CALL TO ORDER The New Hope City Council met in work session pursuant to due call and notice thereof;
Mayor Hemken called the meeting to order at 6:30 p.m.
ROLL CALL Council present:
Kathi Hemken, Mayor
John Elder, Council Member
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Staff present:
Tim Hoyt, Acting City Manager
Vicki Holthaus, Abdo Financial Solutions
Rich Johnson, Director of HR/Admin. Services
Valerie Leone, City Clerk
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
CANADIAN PACIFIC
RAIL REGIONAL
TRAIL UPDATE
Item 11.1
Mayor Hemken introduced for discussion item 11.1, Update on Canadian Pacific Rail
Regional Trail with Three Rivers Park District Staff.
Ms. Susan Rader, director of parks and recreation, introduced representatives with
Three Rivers Park District. She indicated the last report from Three Rivers Park District
staff was at the January work session, and they also attended the February 8 Citizen
Advisory Commission meeting. Ms. Rader also introduced Marge Beard, Three Rivers
Park Commissioner for District 1.
Ms. Beard explained she is in attendance to observe the presentation.
Ms. Kelly Grissman, director of planning, and Mr. Danny McCullough, regional trail
system manager, provided an update of the trail and master plan process and potential
routes. Mr. McCullough explained the three proposed route options will be presented
during the community engagement process. He stated Council is not expected to make
any decisions at this time. He stated the trail will be separate from vehicle traffic, will
be a ten‐feet wide bituminous trail, and it will be constructed and maintained by Three
Rivers Park District.
Council commented regarding the pros and cons of trail options A, B and C. It was
noted that a trail along Quebec Avenue may conflict with the disc golf play at
Sunnyside Park. Ms. Grissman indicated existing infrastructure is taken into
consideration. She stated Sunnyside Park can be studied to see if there is a way to
prevent major impact to the park. It was noted that option B connects to many
amenities. Mr. McCullough stated bicyclists tend to enjoy trails that connect to other
parks and communities.
City Council Work Session June 20, 2022
Page 2
Mr. McCullough stated monthly updates will be provided to the parks and recreation
director. He indicated after the public engagement and analysis is complete another
meeting will be held with the City Council before drafting the master plan. Ms.
Grissman stated the process will be very transparent, and the city has the right to
approve the final design of the trail.
Mayor Hemken thanked Three Rivers Park District staff for the report.
RECREATIONAL
VEHICLES
Item 11.2
Mayor Hemken introduced for discussion item 11.2, Discussion on Possible Regulation
of Recreational Vehicles.
Mr. Jeff Sargent, director of community development, explained at the December 2021
work session, the City Council discussed imposing potential limitations on the number
and size/height of recreational vehicles stored on residential properties. He stated the
conversation was initiated by a large boat that was stored during the off‐season in a
resident’s driveway. Recreational vehicles are defined as self‐propelled vehicles or
vehicles stored on licensed trailers which are used primarily for recreational‐leisure
time activities including, but not limited to, campers, tent trailers, motor homes or
other vehicles used for temporary living quarters, boats, canoes, kayaks, all‐terrain
vehicles, snowmobiles, golf carts, race cars, stock‐cars, motorcycles, utility trailers, off‐
road vehicles, and similar vehicles or equipment. No more than three recreational
vehicles or equipment may be stored outside as exterior storage on a property. Any
recreational equipment or vehicles stored on a property in excess of three must be
stored inside of a building. One or more recreational vehicles stored on a trailer
constitutes one vehicle for the purpose of the definition. Recreational equipment and
vehicles may be stored in the front, side, or rear yards except for recreational vehicles
and equipment not allowed to be operated on public streets, such as boats, all‐terrain
vehicles, off road vehicles, snowmobiles, golf carts, racecars, and stock cars. Such
vehicles or equipment must be stored inside of a building or placed on or inside of a
licensed trailer or licensed motor vehicle.
Mr. Sargent stated the city’s regulations do not limit height or length of recreational
equipment. He noted it could be difficult to gain access to a property to take accurate
measurements. He stated the Planning Commission’s Codes and Standards Committee
reviewed the topic in August of 2021 and recommended no change to the current city
code. He indicated the city planner and staff agree with the committee’s opinion but
is willing to conduct further research if so desired by the City Council.
Discussion ensued regarding the practicality of changing the code to address one
situation. It was noted the city has height restrictions on fences and there is technology
to measure objects from a distance. A suggestion was made to encourage the neighbors
to communicate with each other. It was also noted that the item should be owned by
the property owner (not stored for someone else).
Council directed staff to conduction additional research and present options for
amending the code to address storage of large boats in front yards.
I:\RFA\City Manager\2023\Bus License Review\Q‐Business License Renewal Review 01.17.23.Docx
Request for Action
January 17, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk
Agenda Title
Discussion regarding business license renewal process
Requested Action
Staff requests Council’s review and input regarding the business license renewal process.
Background
Renewal of business licenses are considered for approval in December for the following year. Chapter 8 of the City
Code outlines the renewal process including required paperwork and deadlines. At the December 12, 2022,
Council Meeting, Council Member London inquired whether performance criteria was taken into consideration
with the license renewal process. He asked if complaints were tracked, specifically for residential refuse haulers.
Council has the right to revoke a license or issue a civil fine to a licensee that violates city code. License regulations
for businesses operating in the city are established to protect the health, safety and welfare of citizens of the city.
Staff ensures the proper paperwork is received for license renewal such as evidence of insurance, tax identification,
and vehicle inspections for garbage trucks.
Business licenses are issued for the following business types: bowling alleys, car wash, carnivals, fireworks,
garbage/refuse, gasoline, laundromat, lawn fertilizers, seasonal produce, pawnbrokers, video/pool tables,
secondhand dealers, sexually oriented business, tattoo, THC products, tobacco, trailer/truck rental. Also,
registrations (not licenses) are required for private alarm systems, solicitors and mobile food units. The city issues
liquor licenses per City Code Chapter 10.
Staff addresses licensing issues when they become known. Problems can usually be resolved by a phonecall;
however, inspectors or police officers assist when necessary (such as noncompliant food vendors). Last year
communication was given by US mail and by email to residential refuse haulers reminding them of the city’s
designated days for collection. Between April to June, 2022, staff did track missed garbage pickups (the majority
of calls were customers of Republic and Waste Management); staff also worked with Tim Pratt of HRG for missed
recycling pickups. Council conducts hearings for licensees that fail tobacco or liquor compliance checks.
If Council desires to amend city code for additional regulations for the license renewal process, staff will work
with the city attorney to draft an ordinance amendment.
Attachment
Excerpt of Minutes of December 12, 2022
City Code Chapter 8
Agenda Section
Unfinished & Org
Business
Item Number
11.4
Chapter 8 BUSINESS AND AMUSEMENT REGULATION; LICENSE PROCEDURE
New Hope, Minnesota, Code of Ordinances Created: 2022‐12‐21 15:42:34 [EST]
(Supp. No. 59)
Page 1 of 65
Chapter 8 BUSINESS AND AMUSEMENT REGULATION; LICENSE PROCEDURE1
Sec. 8‐1. Purpose.
The purpose of this chapter is to establish regulations and license procedures for business and amusement
establishments operating in the city, with the goal of protecting the health, safety, and welfare of the citizens of
the city.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015)
Sec. 8‐2. License procedure.
(a) Application. The provisions and procedures set forth below apply to all licenses required in chapter 8 of this
Code.
(b) Application for license. Application for a license shall be made to the city in writing. The application shall
state the name and address of the applicant, the names and addresses of all officers of a corporate applicant,
the address or location in which the applicant proposes to conduct the subject of the license, and the nature
of the business to be conducted. Refunds for withdrawn applications shall be made in accordance with
section 14‐1(c).
(c) Issuance of license. All license applications shall be referred to the council for approval. An approved license
shall be issued by the city clerk upon payment by the licensee of the license fee set forth in the city's fee
schedule. In the event the license fee is not paid and the license is not issued within 60 days of the council's
approval, the license shall not be issued and the applicant will be required to re‐comply with the herein
license approval procedure, including any required background checks and payments therefor, unless a
written extension of this 60‐day deadline for license issuance is granted by the city manager with the
approval of the council.
(d) License term. The term for all licenses issued hereunder shall be one calendar year commencing on January 1
and terminating on December 31, unless sooner revoked or forfeited. Every license holder wishing to renew
a license for the following year must make a renewal application on or before December 1 of the year
preceding the license renewal year. Late fees as outlined in the city's fee schedule shall be imposed against
delinquent license renewal applications. The additional fees are necessary to reimburse the city for its
administrative costs to process late license renewal applications. Requests to waive late fees shall be
submitted in writing to the city manager or the manager's designee. The city manager may waive late fees if,
in the sole opinion of the manager, good cause is shown for waiver of the late fee.
(e) Revocation. The council may revoke any license obtained through error or fraud, and may suspend, revoke or
levy a civil administrative fine for violation of any of the terms of said license, or for violation of any of the
provisions of the section of this Code under which the license was granted. Licenses may also be suspended
or revoked or a civil fine levied for conducting such license activity in such a manner as to constitute a breach
of the peace, or a menace to the health, safety or welfare of the public or disturbance of the peace or
1Editor's note(s)—Ord. No. 15‐01, § 1, adopted Feb. 9, 2015, repealed the former ch. 8, §§ 8‐1, 8‐2, 8‐4, 8‐6—8‐10,
8‐12—8‐14, 8‐16, 8‐18, 8‐19, 8‐22, 8‐26, 8‐27, 8‐29, 8‐31—8‐35, 8‐40 and § 2 of said ordinance enacted a
new ch. 8 as set out herein, omitting from reenactment §§ 8‐19 and 8‐22 pertaining to raffles and bingo,
respectively. The former ch. 8 pertained to similar subject matter. See Code Comparative Table for complete
derivation.
Created: 2022‐12‐21 15:42:33 [EST]
(Supp. No. 59)
Page 2 of 65
comfort of the residents of the city. Before a license is revoked, the licensee shall be entitled to notice and
hearing as provided in chapter 1 of this Code. Civil administrative fines may also be levied against employees
of licensees for violation of prohibited acts relating to the license as set out in this Code.
(f) Transfer. The transfer of any license is prohibited without the consent of the council upon written application
for such transfer, signed by the transferee.
(g) Responsibility. The conduct of the agents and employees of a person to whom any such license is issued shall
be deemed the conduct of such person themselves.
(h) Additional requirements. In addition to any other requirements for the issuance of any license pursuant to
this chapter, the following shall be required:
(1) Off‐street parking surface. In all zoning districts, where off‐street parking spaces are required by other
provisions of this Code, such parking areas, including driveways, shall be paved with bituminous or
concrete surfacing, with adequate drainage provided.
(2) Maintenance of parking area.
a. Maintenance of surface. In all zoning districts where off‐street parking areas are required, they
shall be maintained free of pot holes, broken surface material and be graded, and maintained so
as to adequately dispose of all surface water accumulation within the area.
b. Restriping. Parking spaces shall be restriped as often as necessary to insure the same are clearly
designated as required in chapter 4 of this Code.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 2, 7‐24‐2017)
Sec. 8‐3. Reserved.
Sec. 8‐4. Gasoline, diesel fuel and liquefied petroleum gas.
(a) License required. No person shall, without first obtaining a license therefor in accordance with section 8‐2:
(1) Filling station or storage plant. Engage in the business of operating, maintaining, conducting or keeping
any gasoline, diesel fuel or liquefied petroleum gas filling stations, or any combination of these, or any
wholesale gasoline, diesel fuel or liquefied petroleum gas storage plant in the city; or
(2) Pump or dispensing device. Keep, maintain or operate a gasoline, diesel fuel or liquefied petroleum gas
pump or other gasoline, diesel fuel or liquefied petroleum gas dispensing device in the city.
(b) Inspection. Before the license is granted, and any other time during the term of the license, inspection of the
premises may be made to determine that the premises and the equipment for dispensing the products to be
sold are adequate and safe for the conduct of the business.
(c) Fees. The annual license fee for such licenses required above shall be as set forth in the city's fee schedule.
(d) Safety precautions. No licensee or other person in charge of or operating any such gasoline, oil, diesel fuel or
liquefied petroleum gas filling station in the city shall fill or allow to be filled with said products the tank or
tanks of any motor vehicle of any kind whatever while the engine or motor of such motor vehicle is running
or in motion and no owner or other person driving or in charge of any such motor vehicle shall fill or allow or
cause the tank of the same to be filled with gasoline, diesel fuel or liquefied petroleum gas, while the engine
or motor of such vehicle is running.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 3, 7‐24‐2017)
Created: 2022‐12‐21 15:42:33 [EST]
(Supp. No. 59)
Page 3 of 65
Sec. 8‐5. Reserved.
Sec. 8‐6. Solicitors, peddlers, hawkers, and transient merchants.
(a) Registration required. Subject to the nuisance provisions of subsection (b) of this section, it is unlawful to
engage in the business of solicitor, peddler, hawker or transient merchant in the city without first registering
the intent to do so as required by this section, unless exempt from the registration requirements per
subsection (e) of this section. In addition, no person may conduct business as a transient merchant within
the city limits without first having obtained the appropriate license from the county as required by Minn.
Stat. ch. 329, as amended.
(b) Nuisance. The following practices are hereby deemed a nuisance and shall be unlawful:
(1) Entering upon private property in the city by solicitors, peddlers, hawkers, or transient merchants, not
having been requested or invited so to do by the owner or owners, occupant or occupants of said
private property for the purpose of soliciting orders for the sale of goods, wares and merchandise,
and/or for the purpose of selling, disposing of and/or peddling or hawking the same is declared to be a
nuisance if, at the time of such sale or solicitation, a sign is conspicuously posted by the occupant
prohibiting selling, solicitation or peddling on the premises, and if the sign is on the front door, or
within one foot of the front door, and plainly visible to a person attempting to knock or ring at the
front door, or otherwise attempting to gain the attention of any occupant of the premises; or
(2) Entering upon private property not so posted by a solicitor, peddler, hawker or transient merchant for
the purposes stated in subsection 8‐6(b)(1) without first registering his or her intention to do so with
the city clerk pursuant to this section.
(c) Definitions. For purposes of this section, the terms defined in this subsection have the meanings given them.
Mobile food unit means a food and beverage service establishment that is a vehicle mounted unit in which food is
stored, cooked, and prepared for direct sale to the consumer, either:
(1) Motorized or trailered, operating no more than 21 days annually at any one place, or operating more
than 21 days annually at any one place with the approval of the regulatory authority as defined in
Minnesota Rules, part 4626.0020, subpart 70; or
(2) Operated in conjunction with a permanent business licensed under Minn. Stat. ch. 157 at the site of
the permanent business by the same individual or company, and readily movable, without
disassembling, for transport to another location.
(3) The following are also considered mobile food units for the purpose of this section:
a. Food cart: A food and beverage service establishment that is a non‐motorized vehicle self‐
propelled by the operator.
b. Ice cream truck: A motor vehicle utilized as the point of retail sales of pre‐wrapped or
prepackaged ice cream, frozen yogurt, frozen custard, flavored frozen water or similar frozen
dessert products.
Peddler means a person who goes from house to house, door to door, business to business, street to street,
or any other type of place to place for the purpose of offering for sale, selling or attempting to sell, and delivering
immediately upon sale the goods, wares, products, merchandise, or other personal property that the person is
carrying or transporting; the term does not include vendors of milk, bakery products or groceries who distribute
their products to regular customers on established routes. The term "peddler" shall mean the same as the term
"hawker."
Created: 2022‐12‐21 15:42:33 [EST]
(Supp. No. 59)
Page 4 of 65
Person means any person, individual, co‐partnership, limited liability company and corporation, both as
principal and agent, who engage in, do, or transact any temporary and transient business in the state or city
regulated by this section.
Solicitor means a person who goes from house to house, door to door, business to business, street to street,
or any other type of place to place for the purpose of obtaining or attempting to obtain orders for the sale of
goods, wares, or merchandise including magazines, books, periodicals, other personal property or services of
which they may be carrying or transporting samples, or that may be described in a catalog or by other means, and
for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove
a person from the scope of these provisions if the actual purpose of the person's activity is to obtain or attempt to
obtain orders as discussed above. The term "solicitor" shall mean the same as the term "canvasser."
Transient merchant means a person, whether as owner, agent, consignee, or employee who engages in a
temporary business out of a vehicle, trailer, box car, tent, other portable shelter, store front, or from a parking lot
for the purpose of displaying for sale, selling or attempting to sell, and delivering goods, wares, products,
merchandise or other personal property and who does not remain or intend to remain in any one location,
including mobile food units.
(d) Form of registration. A written registration under this section must be filed with the city clerk on a form
provided by the city. The registration form must contain the following information:
(1) Applicant's full legal name and other names under which the applicant conducts business or to which
the applicant officially answers;
(2) Physical description of the applicant (hair color, eye color, height, weight, distinguishing marks or
features);
(3) Complete permanent home and local address of the applicant; and in the case of transient merchants,
the local address from which proposed sales will be made with a letter of signed permission from the
property owner;
(4) Applicant's phone number(s);
(5) A brief description of the nature of the business and the goods to be sold or services to be provided;
(6) The name, address, and phone number of the employer, principal, or supplier of the applicant,
together with credentials establishing the exact relationship;
(7) The dates during which the applicant intends to conduct business in the city;
(8) The supply source of the goods, or property prepared to be sold, or orders taken for the sale thereof,
the location of such goods or products at the time of the application, and the proposed method of
delivery;
(9) A statement as to whether or not the applicant has been convicted of any crime or violation of any
municipal ordinance other than traffic violations, the nature of the offense, and the punishment or
penalty assessed therefor;
(10) The names of up to three other municipalities where the applicant conducted similar business
immediately preceding the date of the current application and the addresses from which such business
was conducted within those municipalities;
(11) The applicant's driver's license number or other acceptable state‐issued identification (a photo copy of
which shall be attached to the registration);
(12) The license plate number(s) and description of the vehicle(s) to be used in conjunction with the
licensed business, if applicable;
(13) Proof of county license (applicable to transient merchants only);
Created: 2022‐12‐21 15:42:33 [EST]
(Supp. No. 59)
Page 5 of 65
(14) Mobile food units are required to meet the following additional standards:
a. Mobile food units must be licensed by the Minnesota Department of Health and must adhere to
state regulations for food trucks as provided in the Minnesota Food Code, Minnesota Rules part
4626.1860, Mobile food establishments; seasonal temporary food stands; seasonal permanent
food stands. Evidence of the state license must be provided to the city as part of the local license
application.
b. Mobile food unit operations are permitted in the CB, LB, and I districts, and on commercial or
mixed use sites in R‐B and R‐O districts. Mobile food units may operate in residential districts,
public parks, school sites, church sites, or in conjunction with a block party or special event where
a temporary use permit has been obtained per section 4‐3(h) of this Code and subject to the
conditions of this section. Ice cream truck vendors may operate in all zoning districts, but must
adhere to the described hours of operation.
c. Mobile food units must be located on private property, and the applicant must provide written
consent from the property owner. Ice cream trucks are allowed to operate within the public
right‐of‐way in residential districts. Mobile food units may be located in a public park or within
the public right‐of‐way in residential districts with approval from the city.
d. Mobile food units shall not be located within 100 feet of the main entrance of any other
permanent food establishment on a separate lot. The setback shall be measured from the vehicle
to the main entrance of the building.
e. Mobile food unit operations are not permitted between the hours of 10:00 p.m. and 8:00 a.m.
except by approval from the city.
f. Mobile food unit sites shall be kept in a neat and orderly manner, and shall adhere to the
following site requirements:
1. Trash and/or recycling collection and cleanup must be provided.
2. Mobile food units must provide independent power supply which is screened from view.
Generators are permitted.
3. Mobile food units shall be located on an asphalt or concrete surface.
4. Mobile food units must close during adverse weather conditions when shelter is not
provided.
5. Mobile food units may not occupy parking spaces where the remaining parking will not
meet minimum standards required by section 4‐3(e) of this Code.
g. Ice cream truck vendors are required to undergo a criminal background check prior to operating
in the community at the cost of the applicant‐vendor.
h. If mobile food unit sites are found to be in noncompliance with any conditions as provided in this
section, the city reserves the right to revoke the mobile food unit transient merchant license.
(e) Exemptions. Exemptions from this section shall not excuse any person from complying with any other
applicable statutory provision or local city code.
(1) General exemption. For the purpose of the requirements of this section, the terms "peddler, solicitor,
and transient merchant" shall not apply to and shall not include the following:
a. Sale of personal property at wholesale to dealers in such articles;
b. The sale of papers or newspaper subscriptions;
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c. Calling upon residents in connection with a regular route service for the sale and delivery of
perishable daily necessities of life such as food, bakery products and dairy products. This section
shall also not apply to any person who makes initial contacts with other people for the purpose
of establishing or trying to establish a regular customer delivery route;
d. Calling upon residents at the request of said residents;
e. A sale required by statute, by order of any court or a bona fide auction sale pursuant to law;
f. Sales commonly known as garage sales, rummage sales, or estate sales as well as those persons
participating in an organized, multi‐person bazaar, flea market or farmers market;
g. A person issued an invitation by the owner or legal occupant of a residential premises shall be
exempt from the definitions of peddlers, solicitors, and transient merchants.
(2) Nonprofit organizations and free expression exemption. Any organization, society, association, or
corporation with a nonprofit status approved by the state or federal government desiring to solicit or
to have solicited in its name money, donations of money or property, or financial assistance of any kind
or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or
solicited from persons other than members of such organizations for a charitable, religious, patriotic,
or philanthropic purpose by going from house to house, door to door, business to business, street to
street, or other type of place to place, or when such activity is for the purpose of exercising that
person's state or federal constitutional rights relating to the free exercise of religion or speech, is
exempt from the registration and fee requirements, provided there is a limited registration filed in
writing on a form to be provided by the city clerk which contains the following information:
a. Organization's name and specific cause for which exemption is sought;
b. Names and addresses of the officers and directors of the organization;
c. Period during which solicitation is to be conducted;
d. Whether or not any commission, fee, wages, or any form of compensation are to be expended in
connection with such solicitation and the amount thereof; and
e. Names and addresses of all persons involved in canvassing efforts. Persons exercising
constitutional rights may lose their exemption from registration and payment of fee if the
person's exercise of constitutional rights is merely incidental to a commercial activity.
Professional fund raisers working on behalf of an otherwise exempt person or group shall not be
exempt from the registration requirements or fee of subsections (b) and (g) of this section.
(3) Farm produce, horticultural. The outdoor sale of seasonal farm produce at a temporary sales site shall
be regulated by section 8‐31 of this Code. Registration under subsection (a) of this section shall not be
required for any other type of farm produce sale for any product grown, produced, cultivated, or raised
on any farm. For the purposes of this section, "product" shall also mean any horticultural product
grown, produced or cultivated and/or sold by any person in this state. Persons exempt under this
section and not subject to section 8‐31 shall register with the city as required by subsection (e)(2) of
this section.
(4) Fireworks. The sale of fireworks shall be regulated by section 8‐40 of this Code and shall be exempt
from the requirements of this section.
(5) Mobile food units associated with city‐sponsored events or nonprofit events not to exceed seven days
where a temporary use permit has been obtained per section 4‐3(h) are not required to obtain a
transient merchant permit for the duration of the event. Mobile food units participating in these
events must comply with all other standards in this section.
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(6) Mobile food units associated with the farmers market may be exempt from transient merchant
licensure at the city's discretion. All mobile food units operating at these sites must comply with all
other standards in this section.
(f) Registration requirements.
(1) Duration. Each registration shall be valid only for the period specified therein, and no registration may
extend beyond December 31 of the year in which it is granted. Mobile food units may operate for more
than 21 days in one location for a duration approved by the city.
(2) Registration nontransferable. No registration is transferable from one person to another. Each person
involved in any activity regulated by this section shall be separately registered even though associated
with an organization registered hereunder.
(3) Identification. Every person registered must wear some type of identification conspicuously showing
their name and the organization for which they are working.
(g) Registration fee. At the time of registration, a registration fee as set forth in the city's fee schedule must be
paid to the city clerk.
(h) Prohibited activities.
(1) Loud noises and speaking devices. A person registered under this section may not 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 there‐from to be capable of being plainly heard upon the streets, alleys, parks, or other
public places, for the purpose of attracting attention to any goods, wares, or merchandise which such
person proposes to sell. Ice cream trucks traveling through a residential district may have outdoor
music or noise‐making devices to announce their presence.
(2) Use of streets. A person regulated under this section does not have an exclusive right to any location in
the public streets, nor is such person permitted a permanent stationary location thereon. A person
regulated under this section may not operate in a congested area where such operation might impede
or inconvenience the public use of streets.
(3) Private property. Registration under this section does not permit a person to conduct the activity on
private property without the ongoing permission of the property owner or the property owner's
authorized agent. Mobile food units shall not be located within 100 feet from the main entrance of any
other permanent food establishment on a separate lot.
(4) Practices prohibited. No peddler, solicitor or transient merchant shall conduct business in any of the
following manners:
a. Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or
other public right‐of‐way;
b. Creating a direct threat to the health, safety, or welfare of any individual or the general public;
c. Entering upon any residential premises for the purpose of carrying on the registrant's trade or
business between the hours of 8:00 p.m. and 9:00 a.m. of the following day, unless such person
has been expressly invited to do so by the property owner or occupant thereof;
d. Harassing, intimidating, abusing, or threatening a person, continuing to offer merchandise for
sale to any person after being told not to do so by that person, or failing or refusing to leave the
premises of the resident occupant after being told to do so by the resident occupant.
(i) Penalty. Violation of any provision of this section shall be a petty misdemeanor, punishable by a fine of up to
$300.00.
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(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, §§ 1, 4, 7‐24‐2017)
Editor's note(s)—Ord. No. 17‐07, §§ 1, 4, adopted July 24, 2017, changed the title of § 8‐6 from "Registration of
solicitors, peddlers, hawkers, and transient merchants" to read as herein set out.
Sec. 8‐7. Tobacco and related products.
(a) Definitions and interpretations.
(1) Child‐resistant packaging. Packaging that meets the definition set forth in Code of Federal Regulations,
title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the
method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1,
2015.
(2) Cigar. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco,
with or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. § 297F.01, subd.
3, as may be amended from time to time.
(3) Compliance checks. The system the city uses to investigate and ensure that those authorized to sell
licensed products are following and complying with the requirements of this ordinance. Compliance
checks involve the use of persons under the age of 21 who purchase or attempt to purchase licensed
products. Compliance checks may also be conducted by the city or other units of government for
educational, research, and training purposes or for investigating or enforcing federal, state, or local
laws and regulations relating to licensed products.
(4) Electronic delivery devices. Any product containing or delivering nicotine, lobelia, or any other
substance, whether natural or synthetic, intended for human consumption through the inhalation of
aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices
manufactured, marketed, or sold as e‐cigarettes, e‐cigars, e‐pipes, vape pens, mods, tank systems, or
under any other product name or descriptor. Electronic delivery device includes any component part of
a product, whether or not marketed or sold separately. Electronic delivery device does not include any
product that has been approved or certified by the U.S. Food and Drug Administration for sale as a
tobacco‐cessation product, as a tobacco‐dependence product, or for other medical purposes, and is
marketed and sold for such an approved purpose.
(5) Flavored product. Any licensed product that contains a taste or smell, other than the taste or smell of
tobacco, menthol, mint or wintergreen that is distinguishable by an ordinary consumer either prior to
or during the consumption of the product, including, but not limited to, any taste or smell relating to
chocolate, cocoa, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A
public statement or claim, whether express or implied, made or disseminated by the manufacturer of a
licensed product, or by any person authorized or permitted by the manufacturer to make or
disseminate public statements concerning such products, that a product has or produces a taste or
smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a
flavored product.
(6) Indoor area. All space between a floor and a ceiling that is bounded by walls, doorways, or windows,
whether open or closed, covering more than 50 percent of the combined surface area of the vertical
planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or
other physical barrier, whether temporary or permanent.
(7) Licensed products. The term that collectively refers to any tobacco, tobacco‐related device, electronic
delivery device, or nicotine or lobelia delivery product.
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(8) Loosies. The common term used to refer to single cigarettes, cigars, and any other licensed product
that have been removed from their original retail packaging and offered for sale. Loosies does not
include premium cigars that are hand‐constructed, have a wrapper made entirely from whole tobacco
leaf, and have a filler and binder made entirely of tobacco, except for adhesives or other materials used
to maintain size, texture, or flavor.
(9) Moveable place of business. Any form of business that is operated out of a kiosk, truck, van,
automobile or other type of vehicle or transportable shelter and not a fixed address store front or
other permanent type of structure authorized for sales transactions.
(10) Nicotine or lobelia delivery product. Any product containing or delivering nicotine or lobelia intended
for human consumption, or any part of such a product, that is not a tobacco or an electronic delivery
device as defined in this section. Nicotine or lobelia delivery product does not include any product that
has been approved or otherwise certified for legal sale by the U.S. Food and Drug Administration as a
tobacco‐cessation product, a tobacco‐dependence product, or for other medical purposes, and is being
marketed and sold solely for that approved purpose.
(11) Pharmacy. A place of business at which prescription drugs are prepared, compounded, or dispensed by
or under the supervision of a pharmacist and from which related clinical pharmacy services are
delivered.
(12) Retail establishment. Any place of business where licensed products are available for sale to the
general public. The phrase includes but is not limited to grocery stores, Tobacco Products Shops,
convenience stores, gasoline service stations, pharmacies, bars, and restaurants.
(13) Sale. Any transfer of goods for money, trade, barter or other consideration.
(14) Self‐service display. The open display of licensed products in any manner where any person has access
to the licensed products without the assistance or intervention of the licensee or the licensee's
employee. The assistance or intervention shall entail the actual physical exchange of the licensed
product between the customer and the licensee or employee.
(15) Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any
other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or
other plant, whether natural or synthetic, that is intended for inhalation. Smoking also includes
carrying or using an activated electronic delivery device.
(16) Tobacco. Any product 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 including but not limited
to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and
other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other
chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds
and forms of tobacco. Tobacco does not include any product that has been approved by the U.S. Food
and Drug Administration for sale as a tobacco‐cessation product, as a tobacco‐dependence product, or
for other medical purposes, and is being marketed and sold solely for such an approved purpose.
(17) Tobacco products shop. A retail establishment that:
a. Prohibits persons under 21 from entering at all times;
b. Derives at least 90 percent of its gross revenues from the sale of licensed products; and
c. Meets all of the following building or structural criteria:
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i. Shares no wall with, and has no part of its structure adjoined to any other business or
retailer, unless the wall is permanent, completely opaque, and without doors, windows, or
pass‐throughs to the other business or retailer;
ii. Shares no wall with and has no part of its structure directly adjoined to another licensed
tobacco retailer; and
iii. Is accessible by the public only by an exterior door.
(18) Tobacco‐related device. Any rolling papers, wraps, pipes, or other device intentionally designed or
intended to be used with tobacco products. Tobacco‐related device includes components of tobacco‐
related devices or tobacco products, which may be marketed or sold separately. Tobacco‐related
devices may or may not contain tobacco.
(19) Vending machine. Any mechanical, electric or electronic, or other type of device that dispenses
licensed products upon the insertion of money, tokens, or other form of payment directly into the
machine by the person seeking to purchase the licensed product.
(b) License.
(1) License required. No person shall sell or offer to sell any licensed product without first having obtained
a license to do so from the city pursuant to this ordinance.
(2) Application. An application for a license to sell licensed products must be made on a form provided by
the city. The application must contain the full name of the applicant, the applicant's residential and
business addresses and telephone numbers, the name of the business for which the license is sought,
and any additional information the city deems necessary. Upon receipt of a completed application, the
City Clerk will forward the application to the City Council for action at its next regularly scheduled
meeting. If the City Clerk determines that an application is incomplete, it will be returned to the
applicant with notice of the information necessary to make the application complete.
(3) Action. The City Council may approve or deny the application for a license, or it may delay action for a
reasonable period of time to complete any investigation of the application or the applicant deemed
necessary. If the City Council approves the application, the City Clerk will issue the license to the
applicant. If the City Council denies the application, notice of the denial will be given to the applicant
along with notice of the applicant's right to appeal the decision.
(4) Term. All licenses issued are valid through the end of the respective calendar year in which the license
was issued.
(5) Revocation or suspension. Any license issued may be suspended or revoked following the procedures
set forth in subsection (j).
(6) Transfers. All licenses issued are valid only on the premises for which the license was issued and only
for the person to whom the license was issued. The transfer of any license to another location or
person is prohibited.
(7) Display. All licenses must be posted and displayed at all times in plain view of the general public on the
licensed premises.
(8) Renewals. The renewal of a license issued under this ordinance will be handled in the same manner as
the original application.
(9) Issuance as privilege and not a right. The issuance of a license is a privilege and does not entitle the
license holder to an automatic renewal of the license.
(10) Minimum clerk age. Individuals employed by a licensed retail establishment under this ordinance must
be at least 18 years of age to sell licensed products.
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(11) Maximum number of licenses. The maximum number of licenses issued by the city at any time is
limited to 21. When the maximum number of licenses has been issued, the city may place persons
seeking licensure on a waiting list and allow them to apply on a first‐come, first‐served basis, as
licenses are not renewed or are revoked. A new applicant who has purchased a business location
holding a valid city license will be entitled to first priority, provided the new applicant meets all other
application requirements in accordance with this ordinance.
(12) Smoking prohibited. Smoking is prohibited within the indoor area of any retail establishment licensed
under this ordinance with the sole exception of smoking of samples only in Tobacco Products Shops.
(13) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a
nominal cost, except that Tobacco Products Shops may distribute samples for a reasonable cost.
(c) License fee. No license will be issued under this ordinance until the appropriate license fees are paid in full.
The annual fee for such tobacco license shall be as set forth in the city's fee schedule and may be amended
from time to time.
(d) Basis for denial of license.
(1) Grounds for denying the issuance or renewal of a license include, but are not limited to, the following:
a. The applicant is under 21 years of age.
b. The applicant has been convicted within the past five years of any violation of a federal, state, or
local law, ordinance provision, or other regulation relating to licensed products.
c. The applicant has had a license to sell licensed products suspended or revoked within the
preceding 12 months of the date of application.
d. The applicant fails to provide any of the information required on the licensing application, or
provides false or misleading information.
e. The retail establishment for which the license is requested is a moveable place of business. Only
fixed‐location businesses are eligible to be licensed.
f. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation
from holding a license.
(2) Except as may otherwise be provided by law, the existence of any particular ground for denial does not
compel the city to deny the license.
(3) If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that the
person was ineligible for the license under this ordinance. The city will provide the license holder with
notice of the revocation, along with information on the right to appeal.
(e) Prohibited Acts.
(1) In general. No person shall sell or offer to sell any licensed product:
a. By means of any type of vending machine.
b. By means of loosies as defined.
c. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or 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. It is
not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other
products subject to this ordinance.
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d. By any other means, to any other person, or in any other manner or form prohibited by federal,
state, or other local law, ordinance provision, or other regulation.
(2) Legal age. No person shall sell any licensed product to any person under the age of 21.
a. Age verification. Licensees must verify by means of government‐issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for a
person over the age of 30. That the person appeared to be 30 years of age or older does not
constitute a defense to a violation of this subsection.
b. Signage. Notice of the legal sales age and age verification requirement must be posted
prominently and in plain view at all times at each location where licensed products are offered
for sale. The required signage, which will be provided to the licensee by the city, must be posted
in a manner that is clearly visible to anyone who is or is considering making a purchase.
(3) Self‐service merchandising. No person shall allow the sale of licensed products by means of self‐service
display. All licensed products must be stored behind the sales counter, in a locked case, in a storage
unit, or in another area not freely accessible to the general public.
(4) Flavored products. No person shall sell or offer for sale any flavored products. This prohibition does not
apply to the sale of flavored products that contain a taste or smell of menthol, mint or wintergreen,
distinguishable by an ordinary consumer either prior to or during the consumption of the product. This
prohibition does not apply to Tobacco Products Shops.
(5) Liquid Packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains
nicotine, which is intended for human consumption and use in an electronic delivery service, in
packaging that is not child‐resistant. Upon request by the city, a licensee must provide a copy of the
certificate of compliance or full laboratory testing report for the packaging used.
(f) Responsibility. Every licensee shall be responsible for the conduct of its employees in regard to the sale,
offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or
furnishing of any licensed product by an employee shall be considered an act of the licensee for
purposes of imposing an administrative fine, license suspension or revocation. Nothing in this section
shall be construed as prohibiting the city from also subjecting the employee to any civil penalties that
the city deems to be appropriate under this ordinance, state or federal law, or other applicable law or
regulation.
(g) Compliance monitoring. The police department shall conduct unannounced compliance checks at least once
each calendar year at each location where licensed products are sold within the city. All licensed premises
must be open to inspection by law enforcement officials during regular business hours. In accordance with
state law, the city will conduct at least one compliance check that involves the participation of one person
between the ages of 17 and 20 to enter licensed premises to attempt to purchase licensed products. Prior
written consent is required for any person under the age of 18 to participate in a compliance check. Persons
used for the purpose of compliance checks will be supervised by law enforcement or other designated
personnel. Licensees and applicants shall be informed of this policy at the time of license application and
renewal. Violators of these regulations will be subject to more frequent compliance monitoring than non‐
violating licensees. The police department shall make an annual report to the city council on the compliance
checks conducted pursuant to this section.
(h) Other prohibited acts.
(1) Prohibited furnishing or procurement. It is a violation of this ordinance for any person 21 years of age
or older to purchase or otherwise obtain any licensed product on behalf of a person under the age of
21. It is also a violation for any person 21 years of age and older to coerce or attempt to coerce a
person under the age of 21 to illegally purchase or attempt to purchase any licensed product.
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(2) Use of false identification. It is a violation of this ordinance for any person to use any form of false
identification, whether the identification is that of another person or has been modified or tampered
with to represent an age older than the actual age of the person using that identification.
(i) Exceptions and defenses.
(1) Religious, spiritual, or cultural ceremonies or practices. Nothing in this ordinance prevents the
provision of tobacco or tobacco‐related devices to any person as part of an indigenous practice or a
lawfully recognized religious, spiritual, or cultural ceremony or practice.
(2) Reasonable reliance. It is an affirmative defense to a violation of this ordinance for a person to have
reasonably relied on proof of age as described by state law.
(j) Violations and penalties.
(1) Violations.
a. Notice. A person violating this ordinance may be issued, either personally or by mail, a citation
from the city that sets forth the alleged violation and that informs the alleged violator of his or
her right to a hearing on the matter and how and where a hearing may be requested, including a
contact address and phone number
b. Hearings.
1. Upon issuance of a citation, a person accused of violating this ordinance may request in
writing a hearing on the matter. Hearing requests must be made within 10 business days of
the issuance of the citation and delivered to the City Clerk or other designated city officer.
Failure to properly request a hearing within 10 business days of the issuance of the citation
will terminate the person's right to a hearing.
2. The City Clerk or other designated city officer will set the time and place for the hearing.
Written notice of the hearing time and place will be mailed or delivered to the accused
violator at least 10 business days prior to the hearing.
c. Hearing officer. The City Council will designate a hearing officer. The hearing officer will be an
impartial employee of the city or an impartial person retained by the city to conduct the hearing.
d. Decision. A decision will be issued by the hearing officer within 10 business days of the hearing. If
the hearing officer determines that a violation of this ordinance did occur, that decision, along
with the hearing officer's reasons for finding a violation and the penalty to be imposed, will be
recorded in writing, a copy of which will be provided to the city and the accused violator by in‐
person delivery or mail as soon as practicable. If the hearing officer finds that no violation
occurred or finds grounds for not imposing any penalty, those findings will be recorded and a
copy will be provided to the city and the acquitted accused violator by in‐person delivery or mail
as soon as practicable. The decision of the hearing officer is final, subject to an appeal as
described in subsection (j)(1)(f) of this section.
e. Costs. If the citation is upheld by the hearing officer, the city's actual expenses in holding the
hearing up to a maximum of $1,000 must be paid by the person requesting the hearing.
f. Appeals. Appeals of any decision made by the hearing officer must be filed in Hennepin County
district court within 10 business days of the date of the decision.
g. Continued violation. Each violation, and every day in which a violation occurs or continues, shall
constitute a separate offense.
h. Revocation. The city council has the authority to revoke any license as set out in section 8‐2 of
this Code notwithstanding the provisions of this section regarding violations.
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(2) Administrative civil penalties.
a. Licensees. If a licensee or an employee of a licensee is found to have violated this ordinance, the
licensee shall be subject to the administrative sanctions described in the following matrix. In all
cases the council shall select which days a suspension will be served. Other mandatory
requirements may be imposed on the licensee, including, but not limited to, meetings with the
police department to present a plan of action to assure that problems will not continue,
mandatory education sessions involving all employees and employers with the police department
or other actions that the city council deems appropriate. On a first and second violation, the
licensee may elect training in proper identification procedures in lieu of the license suspension.
The license suspension and training requirements shall be governed by and are subject to the
conditions set out in subsection (j)(2) of this section.
Fine and License Suspension
1st Violation 2nd Violation (within 36
months of prior violation)
3rd Violation (within 36
months of two prior
violations)
4th Violation (within 36
months of three prior
violations)
$300.00 plus 3 days
suspension
$750.00 plus 15 days
suspension
$1,500.00 plus 30 days
suspension
Revocation
b. Training in lieu of suspension. After the first and second violation within a 36‐month period, a
licensee may request training from the New Hope Police Department in proper identification
procedures. Said training shall be at the expense of the licensee, shall be in lieu of the entire
three‐day license suspension for a first violation and ten of the 15‐day license suspension for the
second violation required by subsection (j)(2)a. of this section, and shall be conducted per the
following conditions:
1. Training for all employees of a licensee must be completed within two training sessions at
the discretion of the New Hope Police Department.
2. If more than one licensee is requesting the training, the New Hope Police Department
retains control in deciding how many training sessions are necessary to accommodate the
number of employees taking the training.
3. It shall be the responsibility of the licensee to make certain that all employees successfully
complete the required training. Failure to do so means the licensee has failed to meet the
"training in lieu of suspension" requirement of the administrative penalty and will be
subject to the entire license suspension.
4. The licensee shall pay for all of the following costs for the training: supplies and materials,
any facility costs, the personnel expenses for the trainer, all administrative costs of the
training and any other costs staff deems necessary to conduct the training. Payment for the
training must be made to the city clerk prior to the commencement of the training. Failure
to make the payment will result in the cancellation of the training and the immediate
imposition of the appropriate license suspension.
(3) Other individuals. Individuals, other than persons under the age of 21 regulated by subsection j.(4) of
this section, who are found to be in violation of this ordinance will be subject to an administrative
penalty of $50.00.
(4) Persons under the age of 21. Persons under the age of 21 who use a false identification to purchase or
attempt to purchase licensed products may only be subject to non‐criminal, non‐monetary civil
penalties such as tobacco‐related education classes, diversion programs, community services, or
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another penalty that the city determines to be appropriate. The City Council will consult with court
personnel, educators, parents, children and other interested parties to determine an appropriate
penalty for persons under the age of 21 in the city. The penalty may be established by ordinance and
amended from time to time.
(5) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking prosecution as a
misdemeanor for any alleged violation of this ordinance by a person 21 years of age or older.
(k) Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other
sections or provisions that can be given force and effect without the invalidated section or provision.
(l) Effective date. This ordinance becomes effective on the date of its publication, or upon the publication of a
summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to
time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to
time.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 5, 7‐24‐2017; Ord. No. 20‐08, § 1, 8‐24‐2020)
Sec. 8‐8. Bowling alleys.
(a) License required. No person shall operate or maintain a bowling alley for use by the public, or permit any real
property owned or controlled by said person to be used as a bowling alley for use by the public, without first
having obtained a license therefor as provided in section 8‐2 of this Code. This chapter shall apply to any
place where one or more bowling alleys are operated or maintained, except for private family use, whether
such place is a social club or a business enterprise operated for profit.
(b) Application. In addition to the information required by section 8‐2 of this Code, the bowling alley license
application shall contain:
(1) Owner of property. The name and address of the owner or owners of property on which the bowling
alley establishment is located.
(2) Operator. The name and address of the person or persons who will operate the bowling alley
establishment.
(3) Owner‐operator relationship. A statement as to the contractual relationship between the owner and
operator, if not the same; that is, employee, lessee, etc.
(4) Description of bowling alley. A general description of the bowling alley, including the maximum
number of alleys located in the bowling alley establishment which will be in existence during the
ensuing license year.
(5) Additional alleys. In the event additional alleys are installed in any bowling alley establishment, an
amended application shall be filed with the clerk giving the necessary information.
(c) Fee. The annual fee for such license shall be as set forth in the city's fee schedule.
(d) Granting of license. The council may grant the license after it is satisfied that the owners and operators of the
bowling alley are persons of good moral character; that the operation of the bowling alley will be carried on
in conformity with all the laws applicable thereto; and that the operation of a bowling alley at the place
indicated is consistent with the character of the community immediately surrounding the same. The license
shall specify the name of the person to whom granted, the specific place where the bowling alley is to be
located, and the number of alleys authorized.
(e) Posting of license. The license shall be kept conspicuously posted in the bowling alley to which it applies; no
person shall post such license upon premises other than those for which it is issued, nor deface or destroy
any such current license or permit.
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(f) Duplicate license. A duplicate license to replace a lost original, for a different location, the original being
surrendered in the latter instance, may be issued by the council at its discretion, under such regulations as
the council may prescribe, and by payment of a fee as set forth in the city's fee schedule.
(g) Noise of operation. Any bowling alley establishment located within 300 feet of a residential zoning district
within the city shall provide such acoustical safeguards as will result in the noise incidental to the normal
operation of the bowling alley establishment being reduced to a level which will not unreasonably interfere
with the residents' enjoyment of their homes.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 6, 7‐24‐2017)
Sec. 8‐9. Pinball machines, video games, computer games/technology and pool tables.
(a) License required. No person shall maintain, keep or sell within the city, a pinball machine, video game,
computer game or any form of computer gaming technology or pool table without obtaining a license in
accordance with section 8‐2 et al. of this Code. This section shall not apply to pinball machines, video games,
computer games or computer gaming technology or pool tables held or kept for private home use and not
for commercial use, or are in storage or for sale, and which are not actually in commercial use or displayed
for commercial use. An annual special event permit, in addition to a license, must be obtained by any
licensee intending to operate an exclusive computing gaming center for special events as permitted by
subsection (f) of this section.
(b) License application. In addition to the information required by section 8‐2 of this Code, the pinball machine,
video game, computer game or computer gaming technology and pool table license application shall contain:
(1) Owner of property. The name and address of the owner or owners of property on which the pinball
machines, video games, computer games/computer gaming technology and/or pool tables are located.
(2) Operator. The name and address of the person or persons who will operate the establishment where
the machines, games and/or tables will be located.
(3) Other businesses. If the licensee owns or operates other game rooms or pool hall businesses, the
business name and address of said businesses shall be provided as part of the license application.
(4) Owner‐operator relationship. A statement as to the contractual relationship between the property
owner and licensee, if not the same; that is employee, lessee, etc.
(5) Description. A general description of the proposed operation including the maximum number of pinball
machines, video games, computer games or computer gaming technology and/or pool tables located
on the property during the license year.
(6) Additional tables and machines. In the event additional pinball machines, video games, computer
games/technology or pool tables are kept or maintained on any property, an amended license
application shall be filed with the city clerk.
(c) Fee. The annual license fee for each pinball machine, video game, computer game or computer gaming
technology or pool table and the special event permit shall be as set forth in the city's fee schedule.
(d) Form and display. Each license shall accurately describe the machine, game or table; show the name of the
owner, address where such device is located, the license fee and the period for which a license is granted;
and such license shall at all times be conspicuously displayed where such machine, game or table is
operated.
(e) Gambling prohibited. No person shall permit the operation of such a machine, game or table for illegal
gambling in violation of any federal, state or local law, regulation or rule.
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(f) Hours of operation. Any property containing more than five licensed pinball machines, video games,
computer games or computer gaming technology, pool tables or any combination thereof may not be open
from 1:00 a.m. to 6:00 a.m. An exclusive computer gaming center, defined as containing only computers
linked to the internet permitting computer gaming with other players worldwide, may operate a special
event at the computer gaming center between the hours of 1:00 a.m. to 6:00 a.m. on the following limited
basis:
(1) An annual special event permit must be obtained from the city and appropriately displayed as required
by section 8‐9 et al. of this Code.
(2) No other pinball machines, video games or pool tables may be located at the computer gaming center
issued the special event permit.
(3) No more than one special event may be operated weekly pursuant to the special event permit.
(4) The licensee must provide the chief of police or the chief's designee 72‐hour advanced notice prior to
holding any weekly special event.
(5) Computer gaming participants involved in the special event must be 18 years of age or older.
(6) The computer gaming center must not be open to the general public during any weekly special event.
All computer gaming participants must be in the computer gaming center prior to 1:00 a.m. on the day
the special event is held. No participant may be admitted to the gaming center after 1:00 a.m. on the
day of the special event.
(7) The gaming center shall have at least one employee at the center during the entire period of the
special event.
(8) The gaming center shall be accessible by the police department during the entire period of the special
event.
(9) All other provisions of this Code shall apply to the operation of the computer gaming center during the
special event permitted by subsection (f) of this section.
(g) Manager. The licensee shall act as manager, or hire other persons to act as managers, who shall be on duty
on the property containing the licensed machines, games and/or pool tables. It shall be the duty of the
licensee or his managers to remain on the property during business hours to enforce the provisions of
subsection (h) of this section.
(h) Code of conduct. The following code of conduct shall be posted in a prominent place on the property
containing the licensed machines, games or tables, and shall be enforced by the licensee and managers:
(1) Truants from school shall not be permitted to enter or remain on the licensed property;
(2) No operator of a billiard hall or game room shall permit any person to enter or remain on the licensed
property at any time in violation of the curfew provisions of section 9‐24 of this Code;
(3) No person soliciting to vice or any other unlawful purpose shall be permitted to enter or remain on the
licensed property;
(4) No person selling, transferring, giving, using or in possession of any controlled substance as defined in
Minn. Stat. §§ 152.01 through 152.20 shall be permitted to enter or remain on the licensed property or
remain in the area directly adjacent to the property; and
(5) No person shall be permitted to obstruct or interfere with pedestrian traffic on sidewalk areas directly
adjacent to the licensed property, or to harass, threaten or annoy any other person in the areas
directly adjacent to the licensed property.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 7, 7‐24‐2017)
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Sec. 8‐10. Reserved.
Editor's note(s)—Ord. No. 17‐07, § 8, adopted July 24, 2017, repealed § 8‐10, which pertained to roller skating
rinks and derived from Code 010166; Ord. No. 15‐01, §§ 1, 2, adopted Feb. 9, 2015.
Sec. 8‐11. Reserved.
Sec. 8‐12. Self‐service laundering.
(a) License required. No person shall manage, conduct, operate or carry on the business of a self‐service or coin‐
operated laundering establishment without first having made an application and obtained a license therefor
from the city.
(b) Application. The provisions and procedures set forth in section 8‐2 of this Code apply to all licenses required
by this section.
(c) License fee. The annual fee for each license shall be as set forth in the city's fee schedule.
(d) General operating requirements. The following general operating requirements shall apply to all laundering
businesses licensed in accordance with this section:
(1) License display. The license issued pursuant to this chapter shall be plainly displayed on the business
premises.
(2) Operating instructions. Step‐by‐step operating instructions shall be posted conspicuously near each
washing machine or dryer.
(3) Water connection precautions. Any self‐service laundering equipment connected to a water supply
also supplying water for human consumption or general use shall be equipped with an effective
backflow preventer or vacuum breaker.
(4) Portable fire extinguishers. In addition to any other fire extinguishing equipment required by law, there
must be kept on the premises at all times in a conspicuous and easily accessible place one or more
portable fire extinguishers adequate to extinguish any oil, electrical, or other fires that might occur in
connection with any machinery on the premises. Such extinguishers shall be of a number and type
prescribed or approved by the fire marshal.
(5) Entrance and exit lighting. Each outside entrance or exit to the business premises shall be kept well
lighted at all times when the business is open at night.
(6) No‐loitering sign. A "No Loitering" sign shall be prominently displayed on the licensed premises.
(e) Exceptions. This section shall not apply to a self‐service laundering establishment in a residential building
offered for use only to residents of such buildings.
(f) Inflammable solvents prohibited. No person shall engage in any business similar to or resembling self‐service
dry cleaning or laundering as defined herein, which involves the use of any solvent which is flammable at
ordinary operating temperatures.
(g) Enforcement. It is the duty of the fire marshal, building official and director of police to enforce, or aid in the
enforcement of all provisions hereof, and for this purpose any of the above persons, or their duly‐authorized
representatives, have the right and are empowered to enter upon any premises on which any business
subject to the provisions of this section is located, or about to be located, and inspect the same at any
reasonable time. All businesses licensed shall be inspected at least once a year to determine whether such
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businesses are being operated in a lawful manner and in accordance with this Code and other applicable
federal, state or county regulations.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 9, 7‐24‐2017)
Sec. 8‐13. Car wash.
(a) License required. No person shall hereafter keep, use, operate or maintain within the city any structural
premises for the operation of a car wash establishment without first having made an application and
obtained a license therefor from the city.
(b) Standards. As a condition for the issuance of such a license and the continued operation thereunder, the
persons owning or operating said establishment shall comply with the following minimum requirements:
(1) Surfacing. The paving, surfacing and drainage of the site, and wash water disposal and sludge removal
facilities shall be installed and maintained consistent with the building and zoning code regulations set
out in chapters 3 and 4 of this Code and in a manner as not to be a nuisance to adjacent properties.
(2) Lighting. All exterior lighting shall be so placed and operated as not to be a nuisance to adjacent
properties.
(3) Water, steam or vapor. If in the operation of any car wash establishment, steam or water vapor or high
velocity water is emitted within 200 feet of any building, the building of a car wash establishment shall
have no opening that would permit any such high velocity water, water vapor or steam resulting from
the operation of the equipment to create a nuisance to the adjacent properties.
(c) Application. The provisions and procedures set forth in section 8‐2 of this Code apply to all licenses required
by this section.
(d) Revocation, license fee. The license of any licensee may be revoked for failure to comply with the above
standards. The annual license fee shall be as set forth in the city's fee schedule.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 10, 7‐24‐2017)
Sec. 8‐14. Garbage haulers.
(a) License required. No person, except as provided herein shall remove waste or recyclable materials as defined
in chapter 1 from any premises in the city, or transport such waste or recyclable materials upon the streets
and public highways within the city, or in any other manner dispose of waste or recyclable materials
originating in the city, or contract for a permit or to be employed or engaged in any such removal,
transportation or disposal without first having obtain license therefor from the city.
(b) Licensing regulations, terms and conditions.
(1) Application and issuance. Application for and issuances of licenses hereunder shall be governed by the
provision of section 8‐2 of this Code.
(2) Fee. The annual license fee shall be as set forth in the city's fee schedule.
(3) Renewal and expiration. All licenses issued hereunder shall expire on December 31 following its
issuance.
(4) Qualifications. Every applicant for a license hereunder shall furnish the city with evidence that the
applicant has sufficient equipment and personnel to render service to existing and prospective
customers and in accordance with the requirements of this section; and further, that the applicant has
the capability to assure completion of applicant's routes on schedule under any circumstances. Every
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applicant shall also furnish the city with a detailed description of the manner in which the applicant
intends to separately collect and dispose of yard refuse.
(5) Equipment.
a. Vehicle back‐up warning device. All licensed vehicles shall be equipped with a back‐up device
which complies with Minnesota Statutes and Minnesota Highway Regulations applicable thereto.
b. Other requirements. All licensed vehicles transporting waste or recyclable materials shall be
otherwise equipped as provided in subsection (d) of this section.
(6) Sanitation and appearance. All licensed vehicles and equipment shall be kept clean and in good repair
and appearance and shall be maintained in a sanitary condition so as to prevent insect breeding
therein or other nuisance characteristics.
(7) Inspection. No license shall be issued or renewed until the vehicle to be licensed has passed a state
approved inspection and received a commercial vehicle (CV) inspection certificate from either the state
or a CV dealer authorized by the State of Minnesota to conduct CV inspections. The inspection
certificate for the proposed licensed vehicle must be dated within 12 months from the date of the
application or renewal.
(8) Liability insurance. Every licensee shall carry general liability insurance coverage for bodily injury or
death in an amount specified by State law. As of January 1, 2011, that is $1.5 million for bodily injury or
death and $200,000 for damages to property. Every licensee shall carry vehicle liability insurance in the
amount of at least $1,000,000. Every licensee shall also carry worker's compensation insurance for his
employees. The licensee shall provide the city with evidence that said insurance is in full force and
effect and shall provide the city with 30 days' written notice of cancellation of said insurance.
(9) Cancellation or revocation. The parties hereunder may, if mutually agreeable, cancel such license.
However, the city may revoke the license of any hauler as provided for in this Code.
(10) Display of license. The city shall furnish evidence of the license to the hauler and such evidence shall be
displayed in or upon each licensed vehicle in accordance with regulations promulgated by the city
manager.
(11) Identification. The hauler shall display the company name and telephone number in a conspicuous
place on both sides of each licensed vehicle in letters and numerals no less than four inches in height.
(12) Denial of license. The city reserves the right to deny any applicant a license or a renewal thereof if any
reasonable doubt exists as to the applicant's compliance with the provisions of this section or any
other provisions of this Code.
(13) Maximum number of licenses available. To control the number of heavy trucks that travel on city
streets for purposes of reducing the wear and tear on city streets, reducing air and noise pollution in
the city, and reducing traffic hazards in residential neighborhoods, the city shall not issue more than six
licenses for residential garbage and refuse collectors.
(c) Collection practices.
(1) Rates. Each residential collector shall furnish the Hennepin Recycling Group (HRG) with a current
written schedule of rates charged for service to residential customers in the city. The collector shall
also immediately notify the HRG and city clerk in writing of any changes in such rates. The city clerk
shall cause such rate schedules to be posted in the city offices.
(2) Routes. The city, under the direction of the city manager or his designee, shall establish specific refuse
and recycling collection districts and specific days of collection within these districts for all licensees.
The purpose of this provision is to coordinate and facilitate same day collection within said districts
throughout the city. Said coordination is necessary to encourage citizen participation in the city's
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recycling effort, to ensure compliance with state mandates for solid waste management as set forth in
Minn. Stat. ch. 115a and to ensure compliance of the city's contractual obligations as a member of the
Hennepin Recycling Group pursuant to the joint and cooperative agreement for solid waste disposal.
Also, said coordination will be beneficial to the health, safety and welfare of new hope citizens and
streets by limiting the number of refuse and recycling vehicles using said streets at any one time. The
collection days for residential collection districts shall be as established in subsection 9‐11(b)(1) of this
Code. The following considerations will be utilized by the city manager or his designee to establish the
collection districts:
a. Household counts within the districts;
b. Compatibility with the licensee's existing refuse collection stops to the extent possible;
c. Compatibility with municipal boundaries to the extent possible;
d. Coordination with recycling collection to the extent possible.
(3) Frequency of service. The collector shall provide residential garbage and refuse collection service once
each week Monday through Friday. The collector shall not be required to make regular collections on
legal holidays and on days of extreme inclement weather provided, however, that the routes are
collected reasonably in advance and the week's schedule shall be completed regardless of the holiday
or weather. Collection from other than single‐family residences shall be as often as required for
sanitation and nuisance protection as provided in this Code.
(4) Yard waste. Each hauler shall separately collect and transport yard waste to a licensed and permitted
yard waste composting facility.
(5) Source separated organics (SSO). Each hauler shall collect and transport source separated organics to a
licensed and permitted facility designed to manage SSO either through composting or anaerobic
digestion.
(6) Service complaints.
a. Local contact information.. Each hauler shall have a website with a local telephone number and
an electronic communications link; and shall provide staff to answer customer communications
between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday, except on legal holidays.
b. Service failure make‐up. Where, due to the hauler's fault, a customer is not serviced on the
regularly scheduled day, the collection shall be made the day following the scheduled collection
day. If the customer was not serviced because the waste containers were not accessible on the
scheduled collection day, the collection shall be made as soon as possible by agreement between
the hauler and customer.
(7) Hauler to replace damaged waste containers. The hauler shall replace at their expense, damaged waste
and recycling containers.
(8) Hauler to replace containers to their original locations. The hauler shall after servicing the customer,
replace all covers and cans to their original locations on the curbside and off the traveled portion of the
street.
(9) Use of private driveway prohibited. Haulers are prohibited from driving vehicles upon the private
driveways of residents unless written approval is first obtained from such resident.
(d) Transportation of waste.
(1) Waste to be covered. No hauler shall transport waste upon the public streets and highways or other
public property of the city unless such waste being transported is entirely and securely covered.
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(2) Vehicles durable and maintained. Every vehicle used to collect waste or recycling must be constructed
in such a way that all waste or recycling is securely transported, and that there is no dripping or leaking
of any collected materials. Vehicles must be equipped with an audible electronic back‐up alarm.
Vehicles must be kept in good repair, regularly cleaned, and maintained in a way to prevent persistent
odors.
(3) Cleanup of spills. The hauler shall immediately clean up in a neat and thorough manner any waste,
recycling or fluids that the hauler may have caused to spill upon the streets, highways or other public
or private property in the city.
(e) Prohibited dumping. No collector shall dump, place or otherwise dispose of waste in violation of the laws of
the united states, this state and its counties, or the laws of any political subdivision thereof.
(f) Storage of vehicles in the city. Collectors may store or keep their waste removal vehicles in the city when not
in use (after such vehicle is free from all waste) in a tightly‐constructed and enclosed structure, provided
such structure shall conform to the requirements of the building and zoning provisions of this Code.
(g) Noise regulations. Each collector operating in the city shall comply with all other provisions of this Code,
including the noise level and hour regulations in of sections 9‐11 and 9‐42 of this Code.
(h) Violation, criminal penalty. Any person violating any provision of this section shall be guilty of a petty
misdemeanor. Each day of continued violation, after citation or complaint, shall be deemed a separate
offense and chargeable and punishable accordingly.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐06, § 1, 5‐8‐2017; Ord. No. 17‐07, § 11, 7‐24‐2017; Ord. No. 17‐15, §
1, 11‐27‐2017; Ord. No. 21‐02, § 2, 3‐22‐2021)
Editor's note(s)—Ord. No. 21‐02, § 2, adopted March 22, 2021, changed the title of § 8‐14 from "garbage and
refuse collectors" to read as herein set out.
Sec. 8‐15. Reserved.
Sec. 8‐16. Rental of trailers and trucks.
(a) License required. No person shall engage in the business of renting utility trailers or the renting of trucks
excluding truck tractor and semitrailers, without being licensed as provided in this section.
(b) License type, procedure and control. The provisions of section 8‐2 apply to all licenses required by this
section.
(c) License fee. The annual license fee for rental licenses are as set forth in the city's fee schedule. A separate
license shall be obtained for each place of business. The licensee shall display the license in a prominent
place on the premises licensed. A license, unless revoked, is for the calendar year, or part thereof, for which
it has been issued.
(d) Granting or denial of licenses. License applications shall be reviewed by the building inspector with the city
manager; thereafter licenses shall be granted or denied by the city council, subject to the provisions of this
section.
(e) Restrictions and regulations.
(1) Business location. Licenses may be granted for locations in the community business and industrial
districts of the city which meet the requirements of this section and which comply with the standards
set forth in each district.
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(2) Number and size of trucks and trailers. The license for the rental of trucks and/or trailers shall specify
the maximum number and size of trucks and/or trailers, which may be located on the licensed
premises at any one time. Any trucks beyond the amount authorized shall be removed within 24 hours
of being received, acquired or parked on the licensed premises. It is a violation of this section to locate
more or larger vehicles on the licensed premises than the number or maximum size specified on the
license, but temporarily locating a rental truck for a period not to exceed 24 hours on the licensed
premises shall not be deemed a violation hereof.
(3) Noncompliance and license denial. It shall be grounds for denial of a license application that the
applicant or other persons occupying the premises for which the license is sought are not complying
with, or have a history of noncompliance with the regulations of the city relating to health, safety,
building or zoning, or any regulations relating to the renting or storing of utility trailers or trucks.
(4) Other grounds for denial. A license shall not be granted if granting the license would:
a. Inconsistent with plan. Be inconsistent with the comprehensive development plan or zoning code
of the city;
b. Adjacent property use. Be incompatible with the type of development or the type of use being
conducted on adjacent properties; or
c. Other detrimental effect. Otherwise have a detrimental effect upon other property or properties
in the vicinity.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 15‐07, § 1, 5‐26‐2015; Ord. No. 17‐07, § 12, 7‐24‐2017)
Editor's note(s)—Ord. No. 15‐07, § 1, adopted May 26, 2015, amended the catchline of § 8‐16 from "Rental—
Storage of trailers and trucks" to read as herein set out.
Sec. 8‐17. Reserved.
Sec. 8‐18. Carnivals and circuses.
(a) License required. No person shall set up or operate any circus or carnival form of entertainment without first
obtaining a license therefor.
(b) License fee. The fee for a license as required by subsection (a) of this section shall be as set forth in the city's
fee schedule.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, §§ 1, 13, 7‐24‐2017)
Editor's note(s)—Ord. No. 17‐07, §§ 1, 13, adopted July 24, 2017, changed the title of § 8‐18 from "Licensing of
carnivals and circuses" to read as herein set out.
Secs. 8‐19—8‐25. Reserved.
Sec. 8‐26. Charitable gambling.
(a) Purpose. The purpose of this section is to closely regulate and control the conduct of charitable gambling
within the city in conformance with Minn. Stat. §§ 349.11 through 349.22, and to adopt more stringent
regulations for lawful gambling as authorized by Minn. Stat. § 349.213(1).
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(b) Licensee investigation. Pursuant to Minn. Stat. § 349.16(8), the city shall conduct an investigation of every
qualified organization applying for or renewing its state license with the Minnesota State Charitable
Gambling Board to conduct charitable gambling in the city.
(1) Fee. A fee shall be charged for the investigation as set forth in the city's fee schedule. The city council
may waive this fee upon request by the licensee.
(2) Conduct of investigation. The investigation shall be conducted by the chief of police or his authorized
representative.
(3) Time of investigation. The investigation shall be completed within 21 days from the date that the
licensee provides the city with the required information and paid the investigation fee required by this
section.
(4) Information required. A state license for charitable gambling shall not be approved or renewed in the
city until the investigation is completed and received by the city council and the investigation fee has
been paid as required by this section. The investigation shall be based on the following information
which the licensee shall provide to the city on forms approved by the city:
a. The official, legal name of the organization;
b. The business address;
c. The business telephone number;
d. The address of the premises where the lawful gambling will be conducted;
e. The name and address and title of the organization's executive officers;
g. Proof of Minnesota or Internal Revenue Service tax exempt status;
h. An indication of whether the applicant is chartered by parent organization;
i. If the organization is not a Minnesota organization, the address of the location in Minnesota
where the organization's gambling records will be kept;
j. The name and address of the gambling manager;
k. A copy of the required fidelity bond for gambling managers;
l. An indication of whether the organization owns or leases the premises where lawful gambling
will be conducted;
m. An indication of the class of license applied for;
n. The number of active members;
o. If incorporated, the filing number of the articles of incorporation and where filed;
p. The federal I.D. number, if any;
q. An "authorization to inspect bank records" of the gambling bank account of the organization;
r. A consent that city law enforcement officers or agents of the state charitable gambling board
may enter upon the site to observe the lawful gambling being conducted and to enforce the law
for any unauthorized game or practice;
s. A copy of the lease agreement for the premises where the organization will conduct lawful
gambling if the premises is not owned by the organization;
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t. A copy of the written internal accounting and administrative control system relative to gambling
operations or if the licensee is requesting an approval for renewal of its license, a sworn affidavit
from an executive officer that said control system has not been changed from the prior year;
u. Such additional information as is necessary to properly identify the applicant and to ensure
compliance with Minn. Stat. §§ 349.11 to 349.22.
(c) Eligible licensees. Only local nonprofit organizations which have operated for at least three years, have at
least 15 active members, have a license to conduct lawful gambling from the state charitable gambling
board, and comply with Minn. Stat. ch. 349 and subsections (a) through (c) of this section, shall be permitted
to conduct charitable gambling within the city. For purposes of this section, "local nonprofit organizations"
shall mean organizations with their principal place of business located in the city's trade area as set out in
section 8‐26(d)(2) of this Code.
(d) Distribution of proceeds.
(1) Each organization licensed to conduct gambling within the city shall contribute to a fund administered
and regulated by the city, without cost to such fund, for distribution by the city for purposes authorized
under Minn. Stat. § 349.213, subd. 1, an amount equal to ten percent of the organization's net profits
derived from lawful gambling at premises within the city. For purposes of this subsection, the term
"net profits" means profits less amounts expended for allowable expenses; the terms "profits" and
"allowable expenses" have the meanings given them by Minn. Stat. ch. 349 and rules and regulations
promulgated thereunder. Payments to the fund shall be made annually on or before March 1 for the
prior calendar year, and shall be submitted together with verifiable supporting documentation.
(2) Each organization conducting lawful gambling within the city must expend 15 percent of its lawful
purpose expenditures on lawful purposes conducted or located within the trade area of the city. For
the purposes of this subsection, the term "trade area" means the area within the boundaries of the city
and within the boundaries of the cities of Crystal, Plymouth, Maple Grove, Golden Valley and Brooklyn
Park; provided that a contribution to Independent School District 281 is deemed to have been made in
the trade area of the city. This subsection applies only to lawful purpose expenditures of gross profits
derived from lawful gambling conducted at premises within the city. On or before each March 1, each
organization must file with the city (a) a report listing all lawful purpose expenditures in the prior
calendar year, the name of the entity to which each check was written, and the city location of the
recipient; and (b) a report prepared by an independent certified public accountant documenting
compliance with this subdivision.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 15‐29, § 1, 11‐23‐2015; Ord. No. 17‐07, § 14, 7‐24‐2017)
Sec. 8‐27. Sexually oriented businesses adult uses principal license.
(a) Purpose. The purpose of this section is to establish regulations governing the licensing of sexually oriented
businesses classified as adult uses‐principal in the city and to prevent the spread of sexually transmitted
diseases.
(b) License required. No person, firm, or corporation shall operate a sexually oriented business classified as adult
use‐principal defined in subsection 4‐3(b)(3) and subsection 4‐2(b)(3) of this Code without having first
secured a license as hereinafter provided.
(c) Applications. In addition to such applicable information as the city may require, an application for the license
required by this section shall include the following information:
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(1) The name, residence, phone number and birth date of the applicant, if an individual; and, if a
corporation, the names, residences, phone numbers and birth dates of those owners holding more
than five percent of the outstanding stock of the corporation.
(2) The name, address, phone number and birth date of the manager of such operation, if different from
the owners.
(3) The premises where in the adult use is to be located.
(4) A statement detailing each gross misdemeanor or felony relating to a sex offense and/or the operation
of adult uses and related activities of which the applicant or, in the case of a corporation, the owners of
more than five percent of the outstanding stock of the corporation, have been convicted, and whether
or not the applicant has ever applied for or held a license to operate a similar type of business in other
communities.
(5) The activities and types of business to be conducted.
(6) The hours of operation.
(7) The provisions made to restrict access by minors.
(8) A building plan of the premises detailing all internal operations and activities.
(d) License fees.
(1) Each application for a license shall be accompanied by a receipt from the city for payment in full of the
required fee for the license. All fees shall be paid into the general fund of the municipality. Upon
rejection of any applications for a license, the city may refund the license fee paid, minus the amount
of costs necessary for application, investigation and review, including but not limited to, costs relating
to administration, planning, legal, inspection, and police investigation.
(2) All licenses shall expire on the last day of December in each year. Each license shall be issued for a
period of one year.
(3) The annual fee for an adult use‐principal license shall be as set forth in the city's fee schedule.
(4) No part of the fee paid by any licensee shall be refunded except in the following instances upon
application to the city manager within 30 days from the happening of any of the following events.
There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed
on a monthly basis, when operation of the licensed business ceases not less than one month before
expiration of the license because of:
a. Destruction or damage of the licensed premises by fire or other catastrophe;
b. The licensee's disabling illness;
c. The licensee's death.
(e) Granting of license.
(1) The city manager or his or her designated representatives shall investigate all facts set out in the
application. A public hearing shall be held before the city council prior to any action taken on the
license application. After such investigation and hearing, the city council shall grant or refuse the
application. Criteria for evaluating a license shall include the following:
a. Application shall be completed in full.
b. Applicant shall be eligible for license per subsection (f) of this section.
c. Location shall be eligible for license per subsection (g) of this section.
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d. Applicant shall provide description of merchandise, services or entertainment for sale in
premises.
e. Applicant shall identify means of restricting access by minors and shall not employ any minors.
f. Applicant shall provide property owner's name and address and business owner's name and
address.
g. The adult use shall be in compliance with all applicable City Code regulations.
(2) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each
license shall be issued only for the premises described in the application. No license shall be
transferred to another place without the approval of the city council.
(f) Persons ineligible for license. No license shall be granted to or held by any person:
(1) Under 21 years of age;
(2) Who has been convicted of a felony or of violating any law of this state or local ordinance relating to
sex offenses and/or adult uses;
(3) Who is not the proprietor of the establishment for which the license is issued.
(g) Places ineligible for license.
(1) No license shall be granted for adult uses on any premises where a licensee has been convicted of a
violation of this chapter, or where any license hereunder has been revoked for cause, until one year
has elapsed after such conviction or revocation.
(2) Except for uses lawfully existing at the time of the adoption of this Code section, no license shall be
granted for any adult use which is not in compliance with the city's zoning regulations.
(h) Building standards.
(1) No commercial building, structure, premises, or part thereof, or facilities therein used by a sexually
oriented business classified as an adult use‐principal shall be so constructed, used, designed or
operated for the purpose of engaging in, or permitting persons to engage in sexual activities as defined
in subsection 4‐2(b) of this Code.
(2) No person shall own, operate, manage, rent, lease, or exercise control of any commercial building,
structure, premises, or portion or part thereof, which contains:
a. Partitions between subdivisions of a room, portion or part of a building, structure or premises
having an aperture which is designed or constructed to facilitate sexual activity between persons
on either side of the partition.
b. Booths, stalls, or partitioned portions of a room, or individual rooms, used for adult uses, having
doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room, or
individual rooms so used shall have at least one side open to an adjacent public room so that the
area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a
manner that the persons in the area used for adult uses are visible from the adjacent public
rooms, but such lighting shall not be of such intensity as to prevent the viewing of motion
pictures or other offered adult uses.
(3) All viewing areas or booths in movie arcades shall be accessible from a continuous main aisle.
(4) All viewing areas or booths shall be located together along a continuous main aisle to eliminate the
possibility of secluded booths elsewhere on the premises.
(5) No more than one person shall be permitted to enter or remain in a viewing area or booth at any time.
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(6) The viewing areas or booths shall be maintained at all times in a clean and sanitary manner.
(7) All entrances to the business, with the exception of emergency fire exits not usable to enter the
business, shall be visible from a public right‐of‐way.
(i) Conditions of license.
(1) Every license shall be granted subject to all of the conditions of this Code, and of any other applicable
county, state or federal law.
(2) All licensed premises shall have the license posted in a conspicuous place at all times.
(3) No minor shall be permitted on the licensed premises.
(4) Any designated inspection officer of the city shall have the unqualified right to enter and inspect all
public areas of the premises of a licensee during regular business hours.
(5) Every licensee shall be responsible for the conduct of his place of business and shall maintain
conditions of order.
(j) Hours of operation. Sexually oriented businesses adult use‐ principal operations shall be restricted from
operating between the hours of 12:01 a.m. and 6:00 a.m.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 15, 7‐24‐2017)
Sec. 8‐28. Reserved.
Sec. 8‐29. Tattoo and body piercing establishments.
(a) Purpose. The purpose of this section is to regulate the business of tattooing and body piercing in order to
protect the health and welfare of the general public. The city council finds that the experience of other cities
indicates that there is a connection between tattooing and body piercing and hepatitis and other health
problems. The city council finds that stringent regulations governing tattooing and body piercing can
minimize the hepatitis and disease risk, and therefore protect the general health and welfare of the
community.
(b) License required; exception. No person shall operate any establishment where tattooing or body piercing is
practiced, nor engage in the practice of tattooing or body piercing without being licensed pursuant to this
section. A state‐licensed physician who engages in the practice of tattooing or body piercing shall be exempt
from the license requirements.
(c) License application. Every application for a license under this section shall be made on a form supplied by the
city and shall request the following information:
(1) If the applicant is a natural person:
a. The name, place and date of birth, street residence address, and phone number of the applicant.
b. Whether the applicant is a citizen of the United States, a resident alien, or is able to legally be
employed in the United States.
c. Whether the applicant has ever used or has been known by a name other than the applicant's
name, and if so, the name or names used and information concerning dates and places where
used.
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d. The name of the business if it is to be conducted under a designation, name, or style other than
the name of the applicant and a certified copy of the certificate as required by Minn. Stat. §
333.01.
e. The street addresses at which the applicant has lived during the preceding five years.
f. The type, name and location of every business or occupation in which the applicant has been
engaged during the preceding five years, and the name(s) and address(es) of the applicant's
employer(s) and partner(s), if any, for the preceding five years.
g. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance
other than a petty misdemeanor. If so, the applicant shall furnish information as to the time,
place and offense for which convictions were had.
(2) If the applicant is a partnership:
a. The name(s) and address(es) of all general and limited partners and all information concerning
each general partner required in subsection a of the section.
b. The name(s) of the managing partner(s) and the interest of each partner in the tattooing
establishment.
c. A true copy of the partnership agreement shall be submitted with the application. If the
partnership is required to file a certificate as to a trade name pursuant to Minn. Stat. § 333.01, a
certified copy of such certificate shall be attached to the application.
(3) If the applicant is a corporation or other business:
a. The name of the corporation or business formed, and if incorporated, the state of incorporation.
b. A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a
certificate of authority as required by Minn. Stat. § 303.06 shall be attached to the application.
c. The name of the stockholder(s), manager(s), proprietor(s), or other agent(s) in charge of the
business and all information concerning each stockholder, manager, proprietor, or agent
required in subsection a of this section.
(4) For all applicants:
a. Whether the applicant holds a current tattooing or body piercing license for any other
governmental unit.
b. Whether the applicant has previously been denied a tattooing or body piercing license from any
other governmental unit.
c. The common address of the proposed business premises.
d. Whenever the application is for premises either planned or under construction or undergoing
substantial alternations, the application shall be accompanied by a set of preliminary plans
showing the design of the proposed premises to be licensed. If the plans of design are on file with
the city building official, no plans need be submitted.
e. Such other information the city may require.
(d) Application execution. All applications for a license shall be signed and sworn to. If the application is that of a
natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof;
if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the
manager or managing officer thereof. Any falsification on a license application shall result in the denial of a
license.
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(e) Application verification. All applications shall be referred to the police department for verification and
investigation on the facts set forth in the application, including any necessary criminal background checks to
assure compliance. The application shall be issued or denied in accordance with subsections (g) and (h) of
this section.
(f) License fee. The annual fee for a tattooing license shall be as set forth in the city's fee schedule. The
investigation fee shall be submitted at the time the application is filed. The annual fee shall be paid at the
time the license is issued or renewed.
(g) Persons ineligible for license.
(1) No license shall be issued to an applicant who is a natural person if such applicant:
a. Is a minor at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minn. Stat. § 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation
and present fitness to perform the duties of the license occupation as prescribed by Minn. Stat. §
364.03, subd. 3;
c. Is not a citizen of the United States, a resident alien, or does not have the legal authority to be
employed in the United States; or
d. Is not of good moral character or repute.
(2) No license shall be issued to a partnership if such partnership has any general partner or managing
partner:
a. Who is a minor at the time the application is filed;
b. Who has been convicted of any crime directly related to the occupation licensed as prescribed by
Minn. Stat. § 364.03, subd. 2, and who has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the license occupation as prescribed
by Minn. Stat. § 364.03, subd. 3;
c. Who is not a citizen of the United States, a resident alien, or does not have the legal authority to
be employed in the United States; or
d. Who is not of good moral character or repute.
(3) No license shall be issued to a corporation or other organization if such applicant has any manager,
proprietor or agent in charge of the business to be licensed:
a. Who is a minor at the time the application is filed;
b. Who has been convicted of any crime directly related to the occupation licensed as prescribed by
Minn. Stat. § 364.03, subd. 2, and who has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the license occupation as prescribed
by Minn. Stat. § 364.03, subd. 3;
c. Who is not a citizen of the United States, a resident alien, or does not have the legal authority to
be employed in the United States; or
d. Is not of good moral character or repute.
(h) Locations ineligible for a license. The following locations shall be ineligible for a license:
(1) Improper zoning. No license shall be granted if the property is not zoned for tattooing or body piercing
establishments under chapter 4 of this Code. No person may engage in the practice of tattooing or
body piercing in any location other than a licensed and approved establishment under this Code.
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Tattooing or body piercing from any kind or type of movable or mobile vehicle, trailer or establishment
is prohibited.
(2) Premises licensed for alcoholic beverages. No license shall be granted or renewed if the premises is
licensed for the furnishing of alcoholic beverages pursuant to chapter 10 of this Code or is licensed as a
sexually oriented business pursuant to chapter 8 of this Code.
(i) General license requirements.
(1) Tattoos or body piercing on minors. No person shall tattoo or body pierce any person under the age of
18 except piercing of the outer perimeter or lobe of the ear, which may be done in the presence of,
and with the written permission of, the parent or legal guardian.
(2) Prohibition on license transfer. The license granted under this section is for the person and the
premises named on the approved license application. No transfer of a license shall be permitted from
place‐to‐place or from person‐to‐person without first complying with the requirements of an original
application, except in the case in which an existing noncorporate licensee is incorporated and
incorporation does not affect the ownership, control and interest of the existing licensed
establishment.
(3) Hours of operation. A licensee under this section shall not be open for business for tattooing before
9:00 a.m. nor after 9:00 p.m.
(4) Licensed premises. The license is only effective for the compact and contiguous space specified in the
approved license application. If the licensed premises is enlarged, altered, or extended, the licensee
shall inform the city.
(5) Effect of license suspension or revocation. No person shall solicit business or offer to perform tattooing
or body piercing services while under license suspension or revocation by the city.
(6) Maintenance of order. The licensee shall be responsible for the conduct of the business being operated
and shall at all times maintain conditions of order.
(7) Liability insurance. All licensees shall have at all times a valid certificate of insurance issued by an
insurance company licensed to do business in the state indicating that the licensee s currently covered
in the tattoo business by a liability insurance policy. The minimum limits of coverage for such insurance
shall be:
a. Each claim, at least $200,000.00;
b. Each group of claims, at least $500,000.00.
c. Such insurance shall be kept in force during the term of the license and shall provide for
notification to the city prior to termination or cancellation. A certificate of insurance shall be filed
with the city.
(j) Health and sanitation requirements. No person shall engage in the practice of tattooing or body piercing at
any place in the city without complying with the following regulations:
(1) Lavatory requirement. Every place where tattooing or body piercing is practiced shall be equipped with
an adequate and conveniently located toilet room and hand lavatory for the accommodation of
employees and patrons. The hand lavatory shall be supplied with hot and cold running water under
pressure; shall be maintained in good repair at all times; and shall be kept in a clean and sanitary
condition. Toilet fixtures and seats shall be of a sanitary open front design and readily cleanable. Easily
cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be
provided with an adequate supply of hand cleaning compound and single‐service sanitary towels or
hand‐drying devices.
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(2) Skin infection. No person having any skin infection or other disease of the skin shall be tattooed or
body pierced.
(3) Sterilization and disposal of biohazardous materials. All needles and razor blades shall be individually
pre‐packaged, presterilized and disposable. No such equipment shall be used on more than one
customer. All biohazardous waste shall be disposed of in accordance with law, and disposal procedures
shall be approved by the health officer. Sterilizing solutions and methods may be used for the purpose
of sterilizing instruments other than needles and razor blades when such sterilizing solutions and
methods are approved by a health officer appointed by the city manager to inspect the licensee's
establishment as required by this section.
(4) Skin preparation procedures. The following procedures shall be used for skin preparation:
a. Each operator shall wash his or her hands thoroughly with soap and water and then dry them
with a clean towel before and after each tattooing. Operators with skin infections of the hand
shall not perform any tattooing services.
b. Whenever it is necessary to shave the skin, prepackaged, presterilized, disposable, razor blades
shall be used.
c. The skin area to be tattooed or body pierced shall be thoroughly cleaned with germicidal soap,
rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the health
officer. Only single‐service towels and wipes shall be used in the skin cleaning process.
(5) Operating furniture. All tables, chairs, furniture, or area on which a patron receives service shall be
covered by single‐service disposable paper or clean linens, or in the alternative, the table, chair or
furniture on which the patron receives service shall be impervious to moisture and shall be properly
sanitized after each use.
(6) Towels. Every operator shall provide single‐service towels or wipes for each customer or person and
such towels or wipes shall be stored and disposed of in a manner acceptable to the health officer.
(7) Garments of operator. Every operator shall wear clean, washable garments when engaged in the
practice of tattooing or body piercing. If garments are contaminated with blood or body fluids, such
garment shall be removed and changed.
(8) Pigments. Pigments used in tattooing or body piercing shall be sterile and free from bacteria and
noxious agents and substances including mercury. The pigments used from stock solutions for each
customer shall be placed in a single‐service receptacle, and such receptacle and remaining solution
shall be discarded after use on each customer in accordance with procedures approved by the health
officer.
(9) Minimum floor space. There shall not be less than 150 square feet of floor space at the place where the
business is conducted and said place shall be so lighted and ventilated as to comply with the standards
approved by the building official.
(10) Influence of alcohol and drugs. No person shall practice tattooing or body piercing while under the
influence of alcoholic beverages or illicit drugs. No customer shall be tattooed or body pierced while
under the influence of alcoholic beverages or illicit drugs.
(11) Written instructions. The operator shall provide the person serviced with printed instructions on the
approved care of the tattoo or the body pierce during the healing process.
(12) Living quarters. No place licensed as a tattoo establishment shall be used or occupied as living or
sleeping quarters.
(k) Sanctions for license violations.
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(1) The city council may revoke the license or suspend the license for a violation of:
a. Any provision of subsections (a) through (k) of this section or any other local law governing the
same activity during the license period.
b. Any criminal law during the license period which adversely affects on the ability to honestly,
safely or lawfully conduct a tattooing business.
(2) The city council may revoke the license or suspend the license if the licensee submitted false
information or omitted material information in the license process required by this section.
(3) A revocation or suspension shall be preceded by written notice o the licensee and a hearing before the
city council. The notice shall give at least ten days' notice of the time and place of the hearing and shall
state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the
most recent address listed on the application.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 16, 7‐24‐2017)
Sec. 8‐30. Reserved.
Sec. 8‐31. Outdoor sales of seasonal farm produce.
(a) Purpose. In acknowledgment of the public benefit to be gained by providing urban residents with convenient
and cost‐effective access to rural farm produce, the purpose of this section is to establish guidelines for the
permitting of temporary agricultural sales sites. As a mature, inner ring suburb, New Hope lacks suitable
permanent or long‐term open space sites to devote to such sales activity. Therefore, it is the intent of this
section to modify certain zoning requirements specifically for the uses contemplated by this section, while
still maintaining a level of regulation that protects the general public health, safety, and welfare.
(b) Requirements for sales operations.
(1) No such operation shall take place in a zoning district for which it is not allowed as a permitted use.
(2) No such operation shall take place without first obtaining a permit for the sale premises in accordance
with the provisions of this section.
(3) Receiving such permit does not excuse the vendor from meeting other applicable local, state, or
federal licensing or permitting requirements.
(4) No such permit shall be good for more than 90 consecutive days. The effective date of the permit shall
be indicated on the application form and permit required by subsection (c) of this section. No
structure, equipment, or merchandise shall be allowed at the sale premises prior to the effective date
of the permit, regardless of whether any actual sales transactions occur prior to the effective date. The
permit granted under this section may be extended an additional 90‐day period provided that the
extension request is made at least two weeks prior to the expiration date.
(5) On unimproved property with no paved parking lot, sales transactions, promotional efforts or signs
shall be set back at least 25 feet from the street curb. On improved property with paved parking lots,
sales operations may be located within any portion of the parking lot provided that minimum parking
requirements for the property's principal use required by subsection 4‐3(e) of this Code are
maintained, normal on‐site traffic circulation is not impeded and traffic visibility on abutting streets is
not obstructed. No sales operations may be located in or cause damage to any landscaped area or
elements on either improved or unimproved property.
(6) Hours of operation shall be limited to the hours between 6:00 a.m. and 9:00 p.m.
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(7) Up to 25 percent of the area occupied by a sales operation may be used for the storage and sale of
processed agricultural products such as honey or juices if, in the judgment of the city staff, the amount
and type of product still meets the intent of this section.
(8) The maximum area occupied by any structure, booth, kiosk, vehicle, equipment or any combination
thereof, shall not exceed 360 square feet. This limitation shall not apply to the product display area but
does apply to any merchandise storage area not accessible by customers of the sales operation.
(9) The site plan must clearly demonstrate that adequate off‐street parking for the proposed event can be
provided for the permit's duration without reducing the parking requirements of the principal use
below minimum parking standards of this Code. Determination of compliance with this requirement
shall be made by the city building official, who shall consider the nature of the sale and the applicable
parking requirements of this Code. Consideration shall be given to the parking needs and requirements
of other occupants of shopping centers and multi‐tenant buildings. Parking on the public right‐of‐way
and streets is prohibited.
(10) Signage for the sales operation may be counted separate from the maximum allowed for the principal
use otherwise occupying the site. However, this waiver shall be limited to a maximum of two signs per
site, not to exceed a total combined area of 64 square feet of signage. Such signs shall be located
within either the area occupied by the sales operation or as an attachment to an existing sign for the
principal use otherwise occupying the site, provided that the city staff must in any case approve the
exact sign location. All off‐premises signage beyond the sales display area, including but not limited to
directional signage, is prohibited.
(11) Any use of an outdoor sound system in any connection with the sales operation shall not be audible
beyond a distance of ten feet from the sales structure or sales display area.
(12) Any additional site lighting detailed on the site plan must comply with the performance standards of
subsection 4‐3(d)(5) of this Code.
(13) Any on‐site cutting or consumption of produce or product is prohibited.
(14) One trash can shall be provided on site and the sales area shall be cleaned daily. Overnight storage of
any produce, product or merchandise on site is prohibited.
(c) Applications.
(1) Required elements of application. In order to be accepted for review, all applications for seasonal farm
produce sales operations shall include the following:
a. A completed application form provided by the city.
b. A permit fee in an amount as set forth in the city's fee schedule.
c. Written consent of property owners, when required under the terms of this section.
d. A detailed site plan indicating:
1. The exact dimensions and proposed location of any kiosk, booth, tent, vehicle, rack, barrel,
or other structure or equipment and the dimensions and location of any proposed sales
display area;
2. For unimproved property, exact distance from the site to any street curb lines a minimum
of 25 feet.
e. Drawings or photographs of any structures, vehicles, or equipment to be used for the sales
operation.
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f. A parking and circulation plan showing how the proposed site meets the requirements of this
section with regard to parking and on‐site vehicular circulation.
g. Dimensional drawings or photographs of any signs to be used for the sales operation, along with
information on proposed sign size and location.
h. A lighting plan, if additional lighting to existing site lighting is proposed, showing compliance with
the lighting performance standards of this Code.
i. Accord 25 certificate of insurance or other form establishing proof of insurance acceptable to the
city attorney indicating acceptable insurance coverages for the sales operation as reasonably
determined by the building official.
(2) Application process.
a. The completed application for any proposed sales operation shall be turned into the city's
building official at least two weeks prior to the intended date of commencement of sales activity.
b. The sales operator and property owner/manager shall be identified on the application as the
applicant. The application and the permit, if issued, shall be signed by and considered binding on
any involved operator and any owner(s)/manager(s) of property to be occupied by the sales
operation.
c. The application process shall be coordinated through the city's building official.
d. After considering all elements of an application, the building official will notify the applicant of
any revisions that might be necessary in order to gain permit approval. The permit, if issued, shall
identify the sales operator, the effective date for the permit and all conditions governing the
sales operation with regard to each element of the application.
e. A permit may be denied if a proposed sales operation cannot meet the permit conditions as
determined by the building official.
f. A permit may be revoked after issuance if the operator or property owner(s)/manager(s) fail to
adhere to the specified conditions.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 17, 7‐24‐2017)
Sec. 8‐32. Lawn fertilizer application control.
(a) Purpose. The city has conducted studies and has reviewed existing data to determine the current and
projected water quality of various lakes and ponds within its community. The data indicates that water
quality may be maintained and improved if the city is able to regulate the amount of lawn fertilizer and other
chemicals entering the lakes and ponds as a result of storm water runoff or other causes. The purpose of
section 8‐32 et al. is to define regulations which will aid the city in managing and protecting its water
resources which are enjoyed by its residents and other users.
(b) Regulations for commercial lawn fertilizer applicators.
(1) License required. No person, firm, corporation or franchise shall engage in the business of commercial
lawn fertilizer applicator within the city unless a license has been obtained from the city manager or a
designee as provided herein.
(2) License application procedure. Applications for a commercial lawn fertilizer applicator license shall be
submitted to the city manager or a designee. The application shall consist of the following:
a. Application form. Application forms shall be provided by the city and shall include the following
instructions:
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1. Name, address and telephone number of applicant and any individuals authorized to
represent the applicant.
2. Description of lawn fertilizer formula proposed to be applied on lawns within the city.
3. A time schedule for application of lawn fertilizer and identification of weather conditions
acceptable for lawn fertilizer application.
b. Product material safety data sheet. A copy of material safety data sheet, including product
chemical analysis of the intended lawn fertilizer, shall be submitted to the city along with the
initial application for a license, and, thereafter, at least seven days before fertilizer composition
changes are implemented.
c. Minnesota State licenses. A copy of all licenses required of the applicant by the state regarding
the application of pesticides and fertilizers.
d. License fee. The license fee is as set forth in the city's fee schedule. The license shall expire on
December 31.
(3) Conditions of license. Commercial lawn fertilizer applicator licenses shall be issued subject to the
conditions which are specified on the license form.
(4) License application procedure. Applications for a commercial lawn fertilizer applicator license shall be
submitted to the city manager or a designee. The application shall consist of the following:
a. Random sampling. Commercial lawn fertilizer applicators shall permit the city to sample any
commercial lawn fertilizer applications to be applied within the city at any time after issuance of
the initial license.
b. Possession of license. The commercial lawn fertilizer license, or a copy thereof, shall be in the
possession of any party employed by the commercial lawn fertilizer applicator when making lawn
fertilizer applications within the city.
c. Possession of product material safety data sheet. A copy of product material data safety sheet of
the lawn fertilizer used shall be in the possession of any party employed by the commercial lawn
fertilizer applicator when making lawn fertilizer applications within the city.
d. State regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer, Soil
Amendment and Plant Amendment Law as contained in Minn. Stat. §§ 18C.001 through and
including 18C.71 and amendments thereof. The licensee shall also comply with the provisions of
the pesticide control as contained in the Minn. Stat. ch. 18B.
(c) General regulations.
(1) Time of application. Neither commercial applicators or noncommercial applicators may apply lawn
fertilizer when the ground is frozen or when conditions exist which will promote or create runoffs.
(2) Sample analysis cost. The cost of analyzing fertilizer samples taken from commercial applicators shall
be paid by the commercial applicators if the sample analysis indicates that phosphorus content
exceeds the levels authorized herein.
(3) Fertilizer content. No person, firm, corporation, franchise, or a commercial or noncommercial
applicator, including a homeowner and renter, shall apply any lawn fertilizer, liquid or granular, within
the city which contains any amount of phosphorus or other compound containing phosphorus, such as
phosphate, except:
a. The naturally occurring phosphorus in unadulterated natural or organic fertilizing products such
as yard waste compost; or
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b. As otherwise provided in subsection (d) of this section.
(4) Impervious surfaces and drainage ways. No person shall apply fertilizer to impervious surfaces, areas
within drainage ditches, or waterways.
(5) Buffer zone. Fertilizers and pesticides shall not be applied:
a. To any established natural buffer zones as outlined in city wetland ordinance;
b. Below the ordinary high water lines as established by the Minnesota Department of Natural
Resources; or
c. Within 50 feet of any wetland or water resource.
(6) Warning signs for pesticide application. All commercial or noncommercial lawn fertilizer applicators
who apply pesticides to turf areas must post or affix warning signs on the property where the
pesticides are applied. The warning signs shall comply with the following criteria and contain the
following information:
a. The warning signs must project at least 18 inches above the top of the grass line. The warning
signs must be of a material that is rain resistant for at least an eight‐hour period and must remain
in place up to 48 hours from the time of initial application.
b. The following information must be printed on the warning signs in contrasting colors and
capitalized letters measuring at least one‐half, or in another format approved by the Minnesota
Commissioner of Agriculture. The signs must provide the following information:
1. The name of the business, entity, or person applying the pesticide; and
2. The following language: "This area chemically treated. Keep children and pets off until
(date of safe entry)" or a universally accepted symbol and text approved by the Minnesota
Commissioner of Agriculture as recognized as having the same meaning or intent as
specified in this subparagraph. The warning signs may include the name of the pesticide
used.
c. The warning sign must be posted on a lawn or yard between two feet and five feet from the
sidewalk or street. For parks, golf courses, athletic fields, playgrounds, or other similar
recreational property, the warning signs must be posted immediately adjacent to areas within
the property where pesticides have been applied and at or near the entrances to the property.
(d) Exemption to phosphorus prohibition/notice. The limitation pertaining to quantity of phosphorus shall not
apply to:
(1) Newly established or developed turf and lawn areas during first growing season; or
(2) Turf and lawn areas which soil tests confirm are below phosphorus levels established by the University
of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of
phosphorus exceeding the amount of phosphorus and the appropriate application rate recommended
in the soil test evaluation.
(3) Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered
into the soil where it is immobilized and generally protected from loss by runoff. Any person, firm,
corporation, franchise or commercial or noncommercial applicator, including a homeowner or renter,
shall notify the city at least 24 hours prior to applying lawn fertilizer containing phosphorus of the
reason for using fertilizer containing phosphorus and the amount of phosphorus contained in the lawn
fertilizer to be applied.
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(e) Penalty. Any person violating subsections (a) through (d) of this section shall be guilty of a petty
misdemeanor. The city may revoke a commercial applicator's license for repeat violations of subsections (a)
through (d) of this section.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, § 18, 7‐24‐2017)
Sec. 8‐33. Pawnbrokers, precious metal dealers and secondhand dealers.
(a) Purpose. The purpose of this section is to prevent pawn shop, precious metals and secondhand goods
businesses from being used as facilities for the commission of crime, to assure that such businesses comply
with basic consumer protection standards and to protect the public health, safety and general welfare of the
citizens of the city. The city council therefore finds consumer protection regulation is warranted in
transactions involving pawnbrokers, precious metal dealers and secondhand dealers.
(b) Definitions. The following words and terms when used in this section shall have the following meanings
unless the context clearly indicates otherwise:
Billable transaction means every reportable transaction conducted by a licensee except renewals,
redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee's
possession is a billable transaction.
Minor means any person under 18 years of age.
Pawnbroker means any person or agent or employee thereof, within the city who loans money on deposits
or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other
valuable item on condition of selling that same item back again at a stipulated price; or who loans money secured
by a mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the
extent that a business includes buying personal property previously used, rented or leased, or selling it on
consignment, the provision of this section shall be applicable. Any bank, savings and loan association or credit
union shall not be deemed a pawnbroker for purposes of this section.
Pawnshop means the location at which or premises in which a pawnbroker regularly conducts business.
Person means an individual; a partnership, including a limited partnership; a corporation including a foreign,
domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
Precious metal dealer means any person engaged in the business of buying coins or secondhand items
containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and
religious and decorative objects.
Reportable transaction means every transaction conducted by a licensee in which merchandise is received through
a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or redeemed, is reportable
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 licensee must maintain a record of such purchase or consignment which describes each
item, and must mark each item in a manner 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 and/or redemption periods have expired.
Secondhand dealer means a person, partnership, firm or corporation whose regular business includes selling
or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned, or leased. The
term "secondhand dealer" shall include pawnbroker and antique shops.
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(c) License required. No person, firm or corporation shall conduct or operate the business of pawnbroker,
precious metal dealer and secondhand dealer without having first obtained a license therefor as herein
provided; or in violation of any of the provisions herein contained. No pawnbroker, precious metal dealer
and secondhand dealer license may be transferred to a different location or a different person. A separate
license is required for each place of business. A person may be issued multiple licenses if there has been
compliance with this Code and all other county, state and federal laws for each license. The following
transactions shall be required to obtain a secondhand dealer's license but shall be exempt from the general
license restrictions set forth in subsection (o) of this section, except those restrictions set out in subsections
(o)(9) through (16) of this section. The following transactions subject to the secondhand dealer's license shall
also be exempt from the business manager requirement in subsection (e) of this section and the
investigation and billable transaction fees in subsection (j) of this section:
(1) The sale of secondhand books or magazines;
(2) The sale of secondhand clothing or linens. This does apply to the sale of secondhand sporting goods
equipment. Further, dealers of secondhand bedding must comply with Minn. Stat. §§ 325F.25 through
325F.34;
(3) The sale of secondhand kitchen or laundry appliances;
(4) The sale of secondhand furniture;
(5) Sales by charitable organizations that take secondhand goods for no compensation;
(6) A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of
business or of goods sold at open sale from bankrupt stock.
(d) Exceptions to license requirement.
(1) The following transactions shall not require a precious metal dealer's license:
a. Transactions at occasional "garage" or "yard" sales, or estate sales or auctions held at the
decedent's residence, except that precious metal dealers must comply with the requirements of
Minn. Stat. §§ 325F.73 to 325F.744 for these transactions.
b. Transactions regulated by Minn. Stat. ch. 80A.
c. Transactions regulated by the Federal Commodity Futures Commission Act.
d. Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps or
dust from an industrial manufacturer, dental lab, dentist or agent thereof.
e. Transactions involving the purchase of photographic film such lithographic and x‐ray film or silver
residue or flake covered in lithographic and x‐ray film processing.
f. Transactions involving coins or bullion in ingots.
g. Transactions in which the secondhand item containing precious metal is exchanged for a new
item containing precious metal and the value of the new item exceeds the value of the
secondhand item.
h. Transactions between precious metal dealers if both dealers are licensed under Minn. Stat. §
325F.733, or if the seller's business is located outside of the state and the item is shipped from
outside the state to a dealer licensed under Minn. Stat. § 325F.733.
i. Resale transactions by an antique dealer of secondhand items containing precious metal if the
items are resold at retail in an unaltered condition except for repair, and the antique dealer paid
less than $2,500.00 for all secondhand items containing precious metals purchased by said
antique dealer within any 12 consecutive month period.
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(2) The following transactions shall not require a secondhand dealer's license:
a. The sale of secondhand goods where all of the following are present:
1. The sale is held on property occupied as a residential dwelling by the seller or owned,
rented or leased by a charitable or political organization.
2. The items offered for sale are owned by the occupant.
3. That no sale exceeds a period of 72 consecutive hours.
4. That no more than two sales are held in any 12 consecutive month period at any residential
dwelling.
5. That none of the items offered for sale have been purchased for resale or received on
consignment for purpose of resale.
b. The sale of goods at an auction held by a licensed auctioneer.
c. The sale of recyclable material including, but not limited to, motor oil, aluminum, iron, glass,
plastic and paper.
d. Private occasional sales of secondhand goods.
e. The sale of used motor vehicles.
f. The sale of any item for less than $15.00 in cash, merchandise or services for merchandise
received provided:
1. The total amount paid any single person for resold merchandise does not exceed $45.00
within any 60‐day period; or
2. Merchandise has not been received for resale from any single person more than three
times within any 60‐day period regardless of the total value of said transactions.
g. The business of buying or selling only those secondhand goods taken as part of full payment for
new goods of greater value and where such business is incidental to and not the primary business
of a person.
h. Goods sold at an exhibition.
(e) Business manager. A person(s) designated by the licensee to operate a business in the licensee's absence. A
licensee must designate a manager to operate the licensed business if the licensee cannot provide on‐site
supervisory services at the business for at least 40 hours per month.
(1) When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a
licensed business changes, the licensee must complete and submit the appropriate application, on
forms provided by the city within 14 days.
(2) Upon completion of an investigation of a new manager, the licensee must pay an amount equal to the
cost of the investigation to assure compliance with this Code. If the investigation process is conducted
solely within the state, the fee shall be $500.00. If the investigation is conducted outside the state, the
issuing authority may recover the actual investigations cost not exceeding $10,000.00.
(f) Application for license. Every application for license under this section, whether for a natural person,
partnership, corporation or other organization shall be made on a form supplied by the city and shall contain
all information on said license form as required by law.
(g) Application execution. All license applications under this section shall be signed and sworn to. Any license
obtained by use of false information shall result in the denial or revocation of a license.
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(h) Application verification. All applications shall be referred to the police department for verification and
investigation of the facts set forth in the application. The police department shall make a written report and
recommendation to the city council as to issuance or nonissuance of the license. The city may order and
conduct such additional investigation as it deems necessary during normal business hours.
(i) Application consideration. If an application is granted for a location where a building is under construction or
not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has
been issued for the licensed premises.
(j) Fees.
(1) Application fee.
a. A nonrefundable application fee shall be as set forth in the city's fee schedule.
b. The application fee shall be paid in full before the license application is accepted.
(2) Investigation fee. A pawnbroker or precious metal dealer license applicant under this section shall pay
the city at the time an original application is submitted, a nonrefundable investigation fee as set forth
in the city's fee schedule. A secondhand dealer license applicant shall be exempt from this investigation
fee. The investigation fee is for the following costs:
a. To verify the license application; and
b. To assure compliance with this section.
(3) License fee.
a. The license fee shall be as set forth in the city's fee schedule.
b. The first annual license fee shall be paid with the application and investigation fee. The
application fee shall be credited to the first annual license fee, if the application is approved.
c. Upon rejection, denial or withdrawal of any license application, only the annual license fee shall
be refunded in full, but not the investigation or application fee.
(4) Billable transaction fee.
a. The billable transaction license fee shall be as set forth in the city's fee schedule and classified
according to the medium by which daily required reports are submitted to the New Hope Police
Department.
b. The billable transaction license fee shall reflect the cost of processing transactions and other
related regulatory expenses as determined by the city council, and shall be reviewed and
adjusted, if necessary, at least every six months. Licensees shall be notified in writing 30 days
before any adjustment is implemented. The billable transaction fee for modem transaction shall
not exceed the billable transaction fee for manual transactions.
c. Billable transaction fees shall be billed monthly and are due and payable within 30 days. Failure
to do so is a violation of this section.
(k) Bond. A pawnbroker license will not be issued unless the applicant files with the city clerk a bond with
corporate surety, cash, or a United States Government Bond in the amount of $5,000.00 for a pawnbroker,
precious metal dealer and secondhand dealer license. The bond must be conditioned on the licensee obeying
the laws and ordinances governing the licensed business and paying all fees, taxes, penalties and other
charges associated with the business. The bond must provide that it is forfeited to the city upon violation of
any law or ordinance.
(l) Application renewal. All licenses issued or renewed per this section shall be in accordance with section 8‐2(c)
of this Code. An application for issuance or renewal of a license shall be made in such form as the city
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requires. No expiration of any license shall impair or affect the obligation of any pre‐existing lawful contract
between the licensee and any pledgor.
(m) Death of a licensee. In the case of the death of a licensee, the relative or personal representative of the
licensee may continue operation of the business for not more than 90 days after the licensee's death.
(n) Conditions for approval of license. To be eligible for or to maintain a pawnbroker, precious metal or
secondhand dealer license, a person must operate lawfully and fairly within the provisions of this section and
all other applicable laws, and:
(1) No license under this section shall be issued to an applicant who is a natural person if such applicant:
a. Is a minor at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minn. Stat. § 364.03, subd. 2, unless the person has shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minn.
Stat. § 364.03, subd. 3; or
c. Holds an intoxicating liquor license under this Code; or
d. Is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct
a background and financial investigation due to the unavailability of information; or
e. Is not of sufficient good moral character or repute as determined by the city council; or
f. Owes delinquent taxes of any kind or special assessments to any state, county, or city; or
g. Is a pawnbroker dealing in precious metals and gems and has failed to obtain a Hennepin County
license.
(2) No license under this section shall be issued to an applicant that is a partnership if such applicant has
any general partner or managing partner who:
a. Is a minor at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation and the person licensed as
prescribed by Minn. Stat. § 364.03, subd. 2, unless the person has shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties of a pawnbroker, as prescribed
by Minn. Stat. § 364.03, subd. 3; or
c. Holds an intoxicating liquor license under this Code; or
d. Is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct
a background and financial investigation due to the unavailability of information; or
e. Is not of sufficient good moral character or repute as determined by the city council; or
f. Owes delinquent taxes of any kind or special assessments to any state, county, or city; or
g. Is a pawnbroker dealing in precious metals and gems and has failed to obtain a Hennepin County
license.
(3) No license under this section shall be issued to an applicant that is a corporation or other organization
if such applicant has any manager, proprietor, or agent in charge of the business to be licensed who:
a. Is a minor at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minn. Stat. § 364.03, subd. 2, unless the person has shown competent evidence of sufficient
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rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minn.
Stat. § 364.03, subd. 3; or
c. Holds an intoxicating liquor license under this Code; or
d. Is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct
a background and financial investigation due to the unavailability of information; or
e. Is not of sufficient good moral character or repute as determined by the city council; or
f. Owes delinquent taxes of any kind or special assessments to any state, county, or city; or
g. Is a pawnbroker dealing in precious metals and gems and has failed to obtain a Hennepin County
license.
(4) Any change, directly or beneficially, in the ownership of any licensed pawnshop, precious metal or
secondhand dealer shall require the application for a new license and the new owner must satisfy all
current eligibility requirements.
(5) The following locations shall be ineligible for a license under this section:
a. No license shall be granted or renewed if the property on which the business is to be conducted
is owned by a person who is ineligible for a license under any of the requirements of this Code.
b. Where operation of a licensed premises would violate chapter 4 of this Code.
c. Where the applicant's present license was issued conditioned upon the applicant making
specified improvements to the licensed premises or the property of the licensed premises which
improvements have not been completed.
(6) The following conditions must be complied with before a location shall be eligible for a secondhand
dealer's license:
a. The receipt or transfer of all used goods to the secondhand dealer shall be conducted entirely
within the building or tenant bay. Outdoor drop‐off areas shall not be allowed.
b. Outdoor storage of merchandise of any kind shall not be permitted.
c. All refuse containers, dumpsters and trash handling equipment shall be approved by the city,
maintained in good repair and shall comply with the following conditions:
1. The exterior walls or fence treatment of the trash enclosures shall be similar or
complementary to the exterior finish of the principal building.
2. Trash enclosures shall be located in the side or rear yards and meet the applicable setback
requirements.
3. Trash enclosures shall be accessible for pickup and hauling vehicles.
4. The trash enclosures shall fully screen trash receptacles from view of adjacent properties
and public rights‐of‐way.
d. All locations where clothing sales occur shall provide at least one accessible changing room and
restroom facility.
(7) The following additional site conditions must be complied with before a location shall be eligible for a
pawnbroker, precious metal or secondhand dealer license:
a. Applicant shall install and maintain a burglar alarm system for the business.
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b. Applicant shall install and maintain an exterior and interior video surveillance system, the
specifications of which shall be subject to the approval by the police department, in the police
department's discretion, with a minimum retention period of 90 days.
(o) General license restrictions.
(1) Recordkeeping. At the time of a receipt of an item of property, whether sold or pawned, the
pawnbroker, precious metal dealer and secondhand dealer shall immediately record, using the English
language, in an indelible ink, or in a computerized record approved by the city manager, the following
information:
a. A complete and accurate description of the item of property, including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or other
identifying mark on such item;
b. The date and time the item of property was received;
c. The full name, residence address, residence telephone number, address, date of birth, sex,
height, weight, race and color of hair and eyes of the pledgor or seller;
d. The amount advanced or paid;
e. The maturity date of the pawn transaction and the amount due;
f. The monthly and annual interest rates, including all pawn fees and charges; and
g. The licensee must also take color photographs 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 offered.
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 they relate. Such photographs
must be available to the chief of police, or the chief's designee, upon request. The licensee
must orally inform the person that he or she is being photographed and by displaying a sign
of sufficient size in a conspicuous place in the premises.
4. If a video photograph is taken, the video camera must zoom in on the person pawning or
selling the item so as to include an identifiable close‐up of 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 orally
inform the person that he or she is being videotaped 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.
h. Digitized photographs. Effective 90 days from the date of notification by the chief of police,
the licensee may fulfill the color photograph requirements in subsection (o)(1)g of this
section by submitting them as digital images, in a format specified by the issuing authority,
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 in subsection (o)(1)g of this section.
(2) Printed recordkeeping. The following shall be printed on all pawn tickets:
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a. The statement that "any personal property pledged to a pawnbroker within this state is subject
to sale or disposal when there has been no payment made on the account for a period of not less
than 90 days past the date of the pawn transaction, renewal, or extension; no further notice is
necessary. There is no obligation for the pledgor to redeem pledged goods."
b. The statement that "the pledgor of this item attests that it is not stolen, it has no liens or
encumbrances against it, and the pledgor has the right to sell or pawn the item."
c. The statement that "this item is redeemable only by the pledgor to whom the receipt was issued,
or any person identified in a written and notarized authorization to redeem the property
identified in the receipt, or a person identified in writing by the pledgor at the time of the initial
transaction and signed by the pledgor. Written authorization for release of property to persons
other than the original pledgor must be maintained along with the original transaction record."
d. A blank line for the pledgor's signature.
(3) Inspection of records. The pawnbroker, precious metal dealer or secondhand dealer shall make
available the information required in subsection (o)(1) of this section during business hours for
inspection by the city. The information required in subsection (o)(1) of this section shall be retained by
the pawnbroker, precious metal dealer and secondhand dealer for at least three years. These records
shall be a correct copy of its entries made of the pawn transactions.
(4) Daily report to police.
a. Method. Licensee must provide to the police department the information required in subsections
(o)(1)a through f of this section, by transferring it from their computer to the APS service
provider via modem. 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
licensee and the city. The licensee must display a sign of sufficient size, in a conspicuous place in
the premises, which informs all patrons that all transactions are reported to the police
department daily.
b. Billable transaction fees. Licensees will be charged for billable transactions at the rate for the
medium by which they were reported to the police department except:
1. If a licensee who has consistently reported via modem, is unable to successfully transfer
the required reports by modem, the licensee must provide the police department printed
copies of all reportable transactions along with the video tape(s) for that date, by 12:00
noon the next business day and must be charged at the modem rate for billable
transactions.
2. 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 licensee must provide the required
reports as detailed in subsection (o)(1) of this section and must be charged at the modem
rate for transactions through the close of the first business day following the failure, and at
the manual rate for all subsequent billable transactions until the error is corrected; or
3. If a licensee who has consistently reported via modem is unable to capture, digitize or
transmit the photographs required in subsection (o)(1)g of this section, the licensee must
immediately take all required photographs with a still camera, immediately develop the
pictures, cross reference the photographs to the correct transaction, and deliver them to
the police department by 12:00 noon the next business day. Billable transactions will be
charged at the modem rate for transactions through the close of the first business day
following the failure, and at the manual rate for all subsequent billable transactions until
the error is corrected.
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(5) Police order to hold property.
a. Investigative hold. Whenever a law enforcement official from any agency notifies a pawnbroker,
precious metal dealer or secondhand dealer not to sell an item, the item must not be sold or
removed from the premises. The investigative hold shall be confirmed in writing by the
originating agency within 72 hours and will remain in effect for 15 days from the date of initial
notification, or until the investigative order is canceled, or until an order to hold/confiscate is
issued, pursuant to subsection (o)(5)b of this section, whichever comes first.
b. Order to hold. Whenever the chief of police, or the chief's designee, notifies a pawnbroker,
precious metal dealer or secondhand dealer not to sell an item, the item must not be sold or
removed from the licensed premises until authorized to be released by the chief or the chief's
designee. The order to hold shall expire 90 days from the date it is placed unless the chief of
police or the chief's designee determines the hold is still necessary and notifies the licensee in
writing.
c. Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the chief or
chief's designee may:
1. Physically confiscate and remove it from the licensed premises, pursuant to a written order
from the chief or the chief's designee; or
2. Place the item on hold or extend the hold as provided in subsection (o)(5)b of this section,
and leave it at the licensed premises.
3. When an item is confiscated, the person doing so shall provide identification upon request
of the pawnbroker, precious metal dealer or secondhand dealer, and shall provide the
licensee the name and phone number of the confiscating agency and investigator, and the
case number related to the confiscation.
4. When an order to hold/confiscate is no longer necessary, the chief of police or the chief's
designee shall so notify the licensee.
(6) Redemption period for pawned goods. Any person pledging, pawning or depositing an item for security
must have a minimum of 90 days from the date of that transaction to redeem the item before it may
be forfeited and sold. During the 90‐day holding period, items may not be removed from the licensed
location except as provided in subsection (o)(20) of this section. Licensees are prohibited from
redeeming any item 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 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
pledgor. Written authorization for release of property to persons other than the original pledgor must
be maintained along with the original transaction record in accordance with subsection (o)(1) of this
section.
a. A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn
transaction. Pledged goods not redeemed within at least 90 days of the date of the pawn,
transaction, renewal, or extension shall automatically be forfeited to the pawnbroker, and
qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker,
precious metal dealer or secondhand dealer.
b. The licensee's right, title, and interest in the pledged goods under [subsection] a is qualified only
by the pledgor's right, while the pledged goods remain in possession of the pawnbroker, precious
metal dealer or secondhand dealer and not sold to a third party, to redeem the goods by paying
the loan plus fees and/or interest accrued up to the date of redemption.
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c. A pawn transaction that involves holding only the title to property is subject to Minn. Stat. ch.
168A or 336.
(7) Holding period for sold goods. Any item sold to a pawnbroker, precious metal dealer or secondhand
dealer for which a report to the police is required shall not be sold or otherwise transferred for 31 days
after the date of the transaction. However, an individual may redeem an item 72 hours after the item
was received on deposit by the pawnbroker, precious metal dealer or secondhand dealer, excluding
Sundays and legal holidays.
(8) Receipt. The pawnbroker, precious metal dealer or secondhand dealer shall provide a receipt to the
seller or pledgor of any item of property received, sold or owned which shall include:
a. The name, address, and phone number of the pawnbroker business;
b. The date on which the item was received by the pawnbroker;
c. A description of the item received and amount paid to the pledgor or seller in exchange for the
item pawned or sold;
d. The signature of the pawnbroker agent;
e. The last regular business day by which the item must be redeemed by the pledgor without risk
that the item will be sold and the amount necessary to redeem the pawned item on that date;
f. The annual rate of interest charged on pawned items received; and
g. The name and address of the seller or pledgor.
(9) Hours of operation. No pawnbroker, precious metal dealer or secondhand dealer shall keep the
pawnbroker, precious metal or secondhand business open for the transaction of business on any day of
the week before 8:00 a.m. or after 8:00 p.m.
(10) Minors. The pawnbroker, precious metal dealer or secondhand dealer shall not purchase or receive
personal property of any nature or deposit or pledge from any minor.
(11) Inspection of items. The licensee shall, at all times during the term of the license, allow the city to enter
the licensed premises for the purpose of inspecting such premises and inspecting the items, ware, and
merchandise therein for the purpose of locating items suspected or alleged to have been stolen or
otherwise improperly disposed.
(12) 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 pawnshop'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 shall not be re‐used.
(13) License display. A license issued under this section must be posted in a conspicuous place in the
premises for which it is used.
(14) Maintenance of order. A licensee under this section shall be responsible for the conduct of the
business being operated and shall maintain conditions of order.
(15) Gambling. No licensee under this section may operate or permit the operation on the licensed
premises of dice, slot machines, roulette wheels, punch boards, blackjack tables, or pinball machines
which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash.
No gambling equipment authorized under Minn. Stat. §§ 349.11 through 349.39 may be operated and
no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery
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tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to
Minn. Stat. §§ 349A.01 through 349A.20.
(16) Prohibited goods. No licensee under this section shall accept any item of property which contains an
altered or obliterated serial number or "Operation Identification" number or any item of property that
has had its serial number removed.
(17) Proper identification. A licensee under this section shall not accept items of property unless the seller
or pledgor provides to the pawnbroker one of the following forms of photo identification:
a. A valid driver's license;
b. A Minnesota identification card; or
c. A photo identification issued by the seller's state of residency and current Minnesota address.
d. No other forms of identification shall be accepted.
(18) Redemption period. The date by which an item of property that has been pawned must be redeemed
by the pledgor without risk that the item will be sold must be a day on which the pawnbroker is open
for regular business.
(19) Payment. When a pawnbroker, precious metal dealer or secondhand dealer accepts an item for
purchase or as security for a loan, payment for any article purchased, deposited, left, pledged or
pawned must be made by check, draft or other negotiable instrument or order of withdrawal which is
drawn against funds held by a financial institution, made payable to the actual intended seller or
borrower. No check issued by the pawnbroker may be cashed at the pawnshop where the check has
been issued. This policy must be posted in a conspicuous place in the premises.
(20) Business at only one place. A license under this section authorizes the licensee to carry on its business
only at the permanent place of business designated in the license. The city may issue more than one
license to a person if that person complies with this section for each license. However, upon written
request the chief of police or his designee may approve an off‐site locked and secure storage facility.
The licensee shall permit inspection of the facility in accordance with subsection (o)(11) of this section.
All provisions of this chapter regarding record keeping and reporting apply to the facility and its
contents. Property shall be stored in compliance with all provisions of the City Code. The licensee must
either own the building in which the business is conducted and any approved off‐site storage facility, or
have a lease on the business premises which extends for more than six months.
(21) Restrictions regarding multiple licenses/dealers for one location. A licensee may not conduct, operate
or engage in a secondhand dealer or precious metal dealer business out of the same location licensed
for a pawnbroker business. However, this restriction does not prevent a pawnbroker business from
selling or receiving personal property previously used, rented, owned or leased.
(22) Restrictions on weapons.
a. A pawnbroker, precious metal dealer or secondhand dealer may not receive as a pledge or
otherwise, or accept for consignment or sale any revolver, pistol, rifle, shotgun, or other firearm
unless said dealer also maintains a federal firearms dealer's license.
b. A pawnbroker, precious metal dealer or secondhand dealer may not receive as a pledge or
otherwise, or accept for consignment or sale, any sawed‐off shotgun, automatic rifle, blackjack,
switchblade, or other similar illegal weapons or firearms.
(p) Restrictions regarding license transfer. Each license under this section shall be issued to the applicant only
and shall not be transferable to any other person. No licensee shall loan, sell, give or assign a license to
another person.
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(q) Suspension or revocation of license.
(1) The city council may suspend or revoke a license issued under this section upon a finding of a violation
of:
a. Any of the provisions of this section; or
b. Any state statute regulating pawnbrokers, precious metal dealers or secondhand dealers.
c. Any conviction by the pawnbroker, precious metal dealer or secondhand dealer for theft,
receiving stolen property, or any other crime or violation involving stolen property shall result in
the immediate suspension pending a hearing on revocation of any license issued hereunder.
(2) Except in the case of a suspension pending a hearing or revocation, a revocation or suspension by the
city council shall be preceded by written notice to the licensee and a public hearing. The written notice
shall give at least ten days' notice of the time and place of the hearing and shall state the nature of the
charges against the pawnbroker. The council may, without any notice, suspend any license pending a
hearing on revocation for a period not exceeding 30 days. The notice may be served upon the
pawnbroker or precious metal dealer by the united states mail addressed to the most recent address of
the business in the license application.
(r) Maximum number of licenses to be issued by the city. No more than one pawnbroker license in the city shall
be issued by the city at any time and priority shall be given to qualified applicants for renewal of existing
licenses.
(s) Permitted charges.
(1) Notwithstanding any other statutes, ordinance, rule, or regulation, a pawnbroker, precious metal
dealer or secondhand dealer may contract for and receive a charge not to exceed three percent per
month of the principal amount advanced in the pawn transaction plus a reasonable fee for storage and
services. A fee for storage and services may not exceed $20.00 if the property is not in the possession
of the pawnbroker.
(2) The charge allowed under subsection (s)(1) of this section shall be deemed earned, due, and owing as
of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the
same day of the succeeding month. However, if full payment is made more than two weeks before the
next succeeding month, the pawnbroker, precious metal dealer or secondhand dealer shall remit one‐
half of the pawnshop charge for that month to the pledgor.
(3) Interest shall not be deducted in advance, nor shall any loan be divided or split so as to yield greater
interest or fees that would be permitted upon a single, consolidated loan or for otherwise evading any
provisions of this section.
(4) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount
permitted under this section, shall be uncollectible and the pawn transaction shall be void.
(5) A schedule of charges permitted by this section shall be posted on the pawnshop premises in a place
clearly visible to the general public.
(t) Prohibited acts by licensees.
(1) No pawnbroker, precious metal dealer or secondhand dealer licensed under this section shall:
a. Lend money on a pledge at a rate of interest above that allowed by law;
b. Intentionally possess stolen goods;
c. Sell pledged goods before the time to redeem has expired;
d. Make a loan on a pledge to a minor.
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(2) No licensee may receive any goods, unless the seller presents identification in the form of a valid
driver's license, a valid state identification or a photo identification issued by the seller's state of
residency and current Minnesota address.
(3) No licensee may receive any item of property which contains an altered or obliterated serial number or
"Operation Identification" number or any item of property that has had its serial number removed.
(u) Prohibited acts by persons seeking to pawn, sell or otherwise deposit property with licensee.
(1) No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own, nor
shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with
permission or without, nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of
property in which another has a security interest, with any licensee.
(2) No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any
licensee shall give a false or fictitious name, nor give false date of birth, nor give a false or out‐of‐date
address of residence or telephone number, nor present a false or altered identification, or the
identification of another, to any licensee.
(v) Redemption; risk of loss. Any person to whom the receipt for pledged goods was issued, or any person
identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or
any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor
shall be entitled to redeem or repurchase the pledged goods described on the ticket. In the event the goods
are lost or damaged while in possession of the pawnbroker, precious metal dealer or secondhand dealer, the
pawnbroker, precious metal dealer or secondhand dealer shall compensate the pledgor, in cash or
replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof
of compensation shall be a defense to any prosecution or civil action.
(w) Severability. If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this Code.
(x) Penalty. A violation of this section shall be a misdemeanor under Minnesota law.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 16‐17, § 1, 11‐14‐2016; Ord. No. 17‐07, §§ 1, 19, 7‐24‐2017)
Editor's note(s)—Ord. No. 17‐07, §§ 1, 19, adopted July 24, 2017, changed the title of § 8‐33 from "License for
pawnbrokers, precious metal dealers and secondhand dealers" to read as herein set out.
Sec. 8‐34. Private alarm systems.
(a) Purpose. The purpose of this section is to promote and maintain the operational effectiveness and reliability
of private alarm systems, reduce or eliminate false alarms and prevent unnecessary responses by the New
Hope Police and the West Metro Fire‐Rescue District unduly diverting them from other law enforcement and
fire protection activities. Nothing herein shall be construed to impose any duty on the New Hope Police
Department or the West Metro Fire‐Rescue District to respond to alarm dispatch requests, limit the
discretion of the police department or fire district to establish response policies, or waive any applicable
governmental immunities. The city council hereby makes the following findings to regulate alarm systems
within the city:
(1) The police department and fire district's response to false alarms has placed an intolerable burden
upon the time and resources of both departments.
(2) The police department's response to false alarms unduly diverts law enforcement resources from
legitimate crime prevention and law enforcement activities. The fire district's response to false alarms
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unduly diverts fire enforcement from legitimate fire protection and prevention activities. This
threatens the health, safety and welfare of the city and its citizens.
(b) Scope. Section 8‐34 et al. governs alarm systems intended to summon fire protection and law enforcement
response and thereby requires alarm system registration, establishes fees, provides for penalties and fees for
violations, establishes a system of administration, and sets conditions for suspension of police response and
fire response.
(c) Definitions. The following definitions are specific to this subsection and are not applicable to any other
sections of this Code:
Alarm administrator. The director of police, or designee, is responsible for the administration, control, and
review of the city's false police alarm reduction efforts. The fire chief of the West Metro Fire‐Rescue District, or
designee, is responsible for the administration, control and review of the city's false fire alarm reduction efforts.
Alarm company means the business of any individual, partnership, corporation, or other entity involving the
selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, monitoring, or installing any alarm
system at an alarm site located within the city or causing to be sold, leased, maintained, serviced, repaired,
altered, placed, moved, or installed any alarm system in or on any building, structure, facility, or other alarm site
located within the city. Specifically included in this section and the provisions of it are individuals, partnerships,
corporations, or other entities performing alarm system monitoring services.
Alarm dispatch request means notification to a law enforcement agency or fire department that an alarm,
either manual or automatic, has been activated at a particular alarm site.
Alarm site means a single fixed premises, building, structure, facility, or location served by an alarm system.
Each tenant's space within a multi‐tenant building or complex, if served by a separate system, shall be considered
a separate alarm site.
Alarm system means an assembly of equipment devices, including, but not limited to, systems
interconnected with a radio frequency method such as cellular or private radio signal, arranged to emit or transmit
a remote or local audible, visual, or electronic signal indicating an alarm condition to which police or fire personnel
are expected to respond including, but not limited to, fire, burglary, holdup, and panic alarm systems. Alarm
systems to monitor temperature, carbon monoxide, humidity, medical emergencies, or any other condition not
related to the detection of a fire or criminal intrusion into an alarm site or an attempted robbery at an alarm site
are specifically excluded from the provisions of this Code. Alarm systems installed on a vehicle or person are also
excluded unless the alarm is permanently affixed to a specific location.
Alarm user means the person, firm, partnership, association, corporation, company, or organization of any
kind which uses or is in control of an alarm system at an alarm site, regardless of whether it owns or leases the
system.
Alarm verification process means an independent method by which an alarm company attempts to verify
with the alarm user or responsible party that a signal from an alarm system requires an immediate dispatch of
police personnel.
Automatic voice dialer means an electrical, electronic, mechanical, or other device capable of being
programmed to automatically send a pre‐recorded message when activated over a telephone line, radio, or other
communication system to a law enforcement agency.
Burglary alarm means any system, device, or mechanism for the detection and reporting of criminal
intrusion, or attempted intrusion, upon an alarm site to a remote receiving station for the purpose of dispatching
law enforcement personnel.
False fire alarm means the activation of any fire alarm system which results in a dispatch of the fire district
caused by mechanical failure, malfunction, improper installation, lack of proper maintenance or any other
response for which the fire district personnel are unable to determine the apparent cause of the alarm activation,
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or which is caused by the negligence or intentional misuse of the fire alarm system by the owner, its employees,
agents or any other activation of a fire alarm system not caused by heat, smoke or fire. False fire alarms do not
include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent
conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer,
installer or owner.
False police alarm means an alarm signal eliciting notification to and a response by police personnel where
the responding police officer, having completed a timely investigation of the alarm site, is unable to find any
evidence of a crime or attempted crime and which is caused by the activation of the alarm system through
mechanical failure, alarm malfunction, improper installation, or the inadvertence of the owner or lessee of an
alarm system, or of such owner or lessee's employees or agents, or by service technicians. False police alarms do
not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent
conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer,
installer, or owner.
Fire watch means a fire district‐approved person or persons assigned to a premises for the purpose of
protecting the occupants from fire or similar emergencies. A fire watch may involve special action beyond normal
staffing such as assigning an additional security guard(s) to walk the premises, specially trained in fire prevention
and in the use of fire extinguishers, in notifying the fire district, in sounding the fire alarm system located on the
premises and in understanding the particular fire safety situation. A fire watch shall maintain an activity log on site
for inspection by fire district personnel upon request.
Holdup alarm means a silent alarm signal generated by the manual activation of a device intended to signal a
robbery in progress to law enforcement personnel.
Local alarm system means any alarm system that enunciates an alarm only by an interior and/or exterior
audible sounding device and is not monitored by an alarm company.
Panic alarm means an audible or silent alarm system signal generated by the manual activation of a device
intended to signal a life‐threatening or emergency situation requiring the dispatch of law enforcement personnel
including, but not limited to, duress and ambush alarms.
(d) Registration required, application, fees, transferability, false statements.
(1) Form of registration. Every alarm user shall be required to register each alarm system on the alarm
user's premises on a form provided by the city. Each alarm registration form must include the following
information which the city has deemed necessary to administer the alarm ordinance:
a. The name, complete address (including apartment/suite number), and telephone numbers of the
person who will be the registration holder and be responsible for the proper maintenance and
operation of the alarm system and payment of fees required by this section of this Code.
b. The classification of the alarm site as either residential (includes apartment, condo, mobile home,
etc.) commercial or multiple dwelling units.
c. For each alarm system located at the alarm site, the classification of the alarm system; i.e., fire,
burglary, holdup, panic, or other, and for each purpose whether audible or silent.
d. Mailing address if different from the alarm site.
e. Names and telephone numbers of at least two individuals who are able and have agreed to
receive notification of an alarm activation at any time, respond to the alarm site within 30
minutes, and upon request can access the alarm site and deactivate the alarm system if
necessary.
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f. An acknowledgment that law enforcement and fire district response shall be based on factors
such as availability of police and fire district units, priority of calls, weather conditions, traffic
conditions, emergency conditions and staffing levels.
g. Any false statement of a material fact made by an applicant shall constitute a violation of this
subsection (d).
(2) Fees nonrefundable. The fee for initial registration and annual renewal for an alarm site are as set forth
in the city's fee schedule. The fees shall reflect the administrative cost to the city to monitor and
respond to alarm systems as provided herein. Registration and annual renewal fees are nonrefundable.
The initial registration fee must be submitted to the alarm administrator within seven days after the
alarm installation or alarm takeover.
(3) Failure to register. Failure to register alarm systems at an alarm site shall constitute a violation of this
subsection (d). An alarm user that fails to register as required herein shall be subject to a civil penalty
of $100.00 for each false alarm occurrence while the alarm system remains unregistered. The fine for
the first violation of this section will be waived if the alarm user registers within seven days from the
false alarm occurrence.
(4) Transferability. An alarm registration cannot be transferred to another person or alarm site. An alarm
user shall inform the alarm administrator of any change that alters any information listed on the
registration application within seven days from the date of said change.
(5) Registration, duration, and renewal. The initial registration for a single residence is valid for the time
period the registrant is the alarm user. If the alarm user has a false alarm requiring the payment of a
false alarm fee, the alarm administrator may require the alarm user to file a registration renewal at no
cost. The initial registration shall expire December 31 for all other alarm sites and must be renewed
annually per section 8‐2 of this Code by submitting an updated application and a registration renewal
fee to the alarm administrator. The alarm administrator shall notify each alarm user of the need to
renew 30 days prior to the expiration of the registration. It is the responsibility of the alarm user to
submit an application prior to the registration expiration date. Failure to renew will constitute a
violation of this section. A $25.00 late fee shall be assessed if the renewal application is submitted
more than 30 days after the receipt of the above‐described notice from the alarm administrator.
(e) Duties of alarm users. An alarm user shall:
(1) Maintenance. Maintain the premises and alarm system in a manner that will minimize or eliminate
false alarms;
(2) Alarm response. Make every reasonable effort to respond or cause a representative to respond to the
alarm system's location within 30 minutes, when notified by the city or fire district, to deactivate a
malfunctioning alarm system, to provide access to the premises, or to provide alternative security for
the premises;
(3) Alarm activation. Not manually activate an alarm for any reason other than an occurrence of an event
that the alarm system was intended to report;
(4) Alarm adjustment. Adjust the mechanism or cause the mechanism to be adjusted so that an alarm
signal on the exterior of an alarm site will sound for no longer than ten minutes after being activated
(or 15 minutes for systems operating under Underwriter Laboratories, Inc. Standard 365 or 609). Fire
alarm systems shall be exempt from this section;
(5) Key‐holder list. Maintain a current key‐holder list with their alarm company;
(6) False alarm notification. Notify the alarm company of a false alarm activation as soon as the user is
aware of the false alarm;
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(7) Operating instructions. Maintain, at each alarm site, a set of written operating instructions for each
alarm system; and
(8) Automatic dialing. Prevent any permitted automatic dialing device from dialing 911 or any other office
of the City of New Hope or the West Metro Fire‐Rescue District.
(f) Required access to site. The New Hope Police Department will only respond to a burglary alarm site once
within a 24‐hour period unless the alarm company is able to locate a key‐holder who will provide police
officers access to the site.
(g) Duties of the alarm company.
(1) Alarm companies installing systems shall:
a. Not install a device that activates a holdup alarm by the depression of a single‐action
nonrecessed button at alarm sites within the city;
b. Not install any panic or holdup alarm system in residential sites that activates a silent alarm signal
by alteration of the last digit of the normal arm/disarm code at alarm sites within the city;
c. Not install or use any burglary control panel failing to meet Security Industry Association
standards that has a false alarm prevention feature programmed to the factory default;
d. Maintain a current record accessible to the alarm administrator at all times that includes the
names of the alarm users serviced by the company, the addresses of the protected properties,
the type of alarm system, the original installation date and subsequent modifications, if any, for
each protected property, a record of the date and time of alarm dispatch requests to each
protected property, a record of the false alarms at each property with evidence of the company's
attempt to verify the alarm and an explanation of the cause of the false alarm;
e. Provide each of its alarm system users with operating instructions for their alarm system,
including an explanation of the company's verification process, a telephone number to call for
assistance in operating the system, and a summary of the provisions of this section relating to
penalties for false alarms and the possibility of no police response to alarm systems experiencing
excessive false alarms; and
f. Establish a training period during the first seven days following the installation of any burglary
alarm system during which the alarm user will be trained on the proper use of the system and
during which no requests for an immediate dispatch of police personnel will be made by the
alarm company without independent factual support.
(2) Alarm companies performing monitoring services shall:
a. Report alarm signals by using telephone numbers connecting them with the designated dispatch
center for the New Hope Police Department and West Metro Fire‐Rescue District;
b. Attempt to verify every alarm signal except a duress, holdup or fire alarm activation before
requesting law enforcement response to an alarm system signal;
c. Communicate verified cancellations of alarm dispatch requests to the designated dispatch center
in a prompt fashion;
d. Communicate all available information about the type and location of the alarm;
e. Endeavor to contact the alarm system user when an alarm dispatch request is made;
f. Work cooperatively with the alarm system user and alarm administrator to determine the cause
of any false alarm and to prevent recurrences.
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(3) An alarm company violating any of the duties of this section will be subject to a civil penalty of $100.00
for each separate violation. Each day of noncompliance shall constitute a separate offense.
(h) False alarms.
(1) False alarm fee—Alarm user. A false alarm fee shall be paid by the single residence alarm user to the
city for each false alarm in excess of three within a 12‐month period beginning each year on the
anniversary date this section became effective based on the following schedule. A false alarm fee shall
be paid by all other alarm users to the city for each false alarm in excess of three within a 12‐month
period from the date of registration or renewal based upon the following schedule:
Alarms False Police Alarm Fee False Fire Alarm Fee
1—3 $0 $0
4 $50 $100
5 $100 $200
6 or more $200 each alarm and possible
suspension of police response
service.
$400 each alarm and possible
imposition of fire watch.
(2) False alarm fee—Alarm company. Where the responding police officer or fire district representative
determines that a false alarm was caused by the on‐site actions of an employee of the alarm company,
a penalty of $100.00 shall be assessed against the alarm company with no corresponding false alarm
fee being assessed against the alarm user.
(3) Exceptions. No false alarm fee shall be due and no alarm shall be deemed as a false alarm if it is shown
that the false alarm was the result of damage to utility lines, tornadoes, lightning, earthquakes, or
other such severe weather conditions.
(4) Payment of fees. Payment of fees provided for herein shall be paid to the city within 30 days from the
date of notice by the city to the alarm user. Failure to pay the fee within 30 days of notice will cause
the alarm user to be considered delinquent and subject to a late payment penalty equal to ten percent
of the false alarm fee.
(5) Outstanding balances. If an alarm user has an outstanding balance due the city that is 60 days past due,
all delinquent charges will be certified by the city clerk to the county assessor who shall prepare an
assessment roll each year. Each delinquent account will be charged an additional assessment fee as set
forth in the city's fee schedule for approval by the city council, the second Monday of October each
calendar year. Any alarm user who has an outstanding balance at the time of renewal will not have
their false alarm count reset to zero and will not be eligible for no fee false alarms for the following
year unless the outstanding alarm balance is being formally appealed. If the appeal is denied, the
outstanding balance and any other fees must be paid at the time of renewal in order to have the false
alarm ordinance count reset to zero.
(i) Right to notice and appeal.
(1) Notice. Written notice shall be provided to all alarm users notifying them of all false alarm responses to
the premises and their status as a chargeable fee. The alarm user has the right to request an informal
hearing before the director of police, fire chief or their designee to appeal the false alarm fee. The
request must be in writing and filed with the director of police or fire chief within ten days of the false
alarm notice.
(2) Appeal. Anyone aggrieved by the decision of the director of police, fire chief or their designee to affirm
the false alarm fee may appeal that decision to the city manager by filing a written request for an
appeal within ten days of the date of that decision. The city manager's decision will be final.
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(j) Penalties. Any alarm user who fails to register an alarm system, after being given notice and ample
opportunity, or any person who fails to pay any fees levied after given an opportunity to appeal is guilty of a
petty misdemeanor.
(k) Suspension of police response.
(1) Notice of suspension of police response. Upon the occurrence of the sixth false burglary alarm from an
alarm site within the alarm registration calendar year, or where the alarm user is more than 120 days
overdue in their payment of false alarm fees, the alarm administrator shall serve in person, or by U.S.
mail, the alarm user's designated contact person with written notification that effective 14 days from
the date of the notice, the New Hope Police Department will not respond to a burglary alarm dispatch
request from that site for the remainder of the alarm registration calendar year unless there is an in‐
person call for assistance from someone at or near the premises or other independent information that
verifies the need for an immediate police response. The notification will include the reasons for
suspension of police response and requirements for reinstatement.
(2) Written appeal of suspension notice. Within seven days from the date of the suspension notice, the
alarm user may file with the alarm administrator a written appeal of the proposed suspension of police
response explaining the steps taken to correct the problem, any facts pertaining to the overdue
payment of fines, the facts and circumstances of the false alarms from this alarm site, and any other
information relevant to the alarm administrator's proposed suspension of police response. Within five
days of the alarm administrator's receipt of the written appeal, and after reviewing the city's files for
the alarm site, alarm user, and alarm company, and all of the submissions of the alarm user, the alarm
administrator shall issue a decision to confirm, suspend, or rescind the suspension notice and serve a
written copy thereof on the alarm user's contact person by mail.
(3) Suspension of police response. Where an alarm user has failed to properly file a timely appeal of a
notice to suspend or where the alarm administrator has issued a decision confirming a notice to
suspend, the New Hope Police Department, in determining whether to make an immediate police
dispatch and response to notification of a signal from that alarm user's alarm system, may disregard
that burglary alarm dispatch request when the alarm signal is the only basis for making the dispatch
request. Where there is, in addition to the alarm dispatch request, an in‐person call verification from a
person at or near the premises or other independent evidence showing a need for police dispatch to
the alarm site, police may consider the suspension of police response as an additional factor in the
decision to order an immediate response.
(l) Reinstatement of police response. An alarm user whose police alarm response has been suspended may have
police alarm response reinstated by the alarm administrator if they have complied with the alarm
administrator's requirements including one or more of the following:
(1) Submits an updated application and the registration fee;
(2) Pays, or otherwise resolves, all citations and fees;
(3) Submits a certification from an alarm company stating that the alarm system has been inspected and
repaired, if necessary, by the alarm company;
(4) Submits proof that an employee of the alarm company caused the false alarm;
(5) Files certification demonstrating that the alarm user has corrected operator errors causing the false
alarm.
(m) Fire watch. The fire chief or the chief's designee has the authority to require a fire watch after six false fire
alarms within the alarm registration calendar year until corrective action is taken to eliminate the cause of
the false fire alarm. A fire watch shall be established as follows:
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(1) Written notice to establish a fire watch and to disconnect or deactivate the fire alarm system shall be
mailed by certified mail, return receipt requested, to the alarm user's designated contact person. The
notice shall specify the date on which the alarm user shall be required to disconnect or deactivate the
fire alarm system. The date shall be at least 15 days after the notice is mailed to the alarm user. The
alarm user may appeal the order pursuant to subsection (i) of this section.
(2) Each building affected because the signal from the fire alarm system has been disconnected or
deactivated shall be required to establish a fire watch until the fire alarm system has been returned to
service. Duties of the fire watch shall include notifying the fire department and building occupants of
an emergency, preventing a fire from occurring or extinguishing small fires.
(3) The alarm user is responsible for paying all costs associated with establishing a fire watch.
(4) The fire chief or the chief's designee shall have the authority to direct the alarm user of the premises to
silence an activated fire alarm system, have corrective action taken and thereafter order the alarm
system reset.
(n) Reconnection of fire alarm system. A fire alarm system may be reactivated upon a finding by the fire chief
that the alarm user of the premises has taken corrective action to remedy the cause of the false fire alarms
at the premises. The findings shall be based on compliance with the following conditions:
(1) In making a request for such reactivation, the alarm user shall have the burden of proving the
corrective action was taken.
(2) The fire chief, or the chief's designee, shall inspect the fire alarm system and test it prior to approving a
new order to reconnect or reactivate the fire alarm system.
(3) A $50.00 inspection fee may be assessed to the owner before any reconnection of a fire alarm system
may be made.
(4) The fire chief shall not approve a new order to reconnect or reactivate if the alarm user has failed to
pay any fee pursuant to this Code.
(5) The fire chief shall have the authority to require that a fire alarm system be brought into compliance
with all current codes and standards prior to the fire alarm system reactivation or reconnection.
(o) Enforcement and penalties. Enforcement of this section may be by civil action and/or by criminal
prosecution.
(p) Confidentiality. Information contained in the registration application and applications for appeal is classified
as security information as designated under the Minnesota Data Privacy Act, Section 13.37 and shall be
handled accordingly by all employees or representatives of the City of New Hope or the West Metro Fire‐
Rescue District and by any third party administrator or employees of a third party administrator with access
to such information.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, §§ 1, 20, 7‐24‐2017)
Editor's note(s)—Ord. No. 17‐07, §§ 1, 20, adopted July 24, 2017, changed the title of § 8‐34 from "Registration of
private alarm systems" to read as herein set out.
Sec. 8‐35. Therapeutic massage.
(a) Findings. It is found and determined that:
(1) Persons who have recognized and standardized training in therapeutic massage, health and hygiene
provide a legitimate and necessary service to the general public;
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(2) Health and sanitation regulations governing therapeutic massage enterprises and massage therapists
will minimize the risk of the spread of communicable diseases and promote health and sanitation;
(3) License qualifications for therapeutic massage enterprises and massage therapists will minimize the
risk that such businesses and persons may facilitate prostitution and other criminal activity in the city;
and
(4) Massage services provided by persons without recognized and standardized training in massage can
endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to
unhealthy and unsanitary conditions, and by increasing the risk of personal injury.
(b) Definitions. The terms defined in this section have the meanings given them.
Clean means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous
matter.
In good repair means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks,
obstructions and similar defects.
In the city means physical presence as well as telephone referrals such as phone‐a‐massage operations in
which the business premises, although not physically located within the city, serves as a point of assignment of
employees who respond to requests for services from in the city.
Massage means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the
hands for the purpose of physical fitness, health care referral, relaxation and for no other purpose.
Operate means to own, manage or conduct, or to have control, charge or custody over.
Therapeutic massage enterprise means a place of business providing massage services to the public for
consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other
institution for the hospitalization or care of other human beings duly licensed under the provisions of Minn. Stat.
§§ 144.50 through 144.69.
Therapeutic massage therapist means a person who practices or administers massage to the public for
consideration.
(c) License required.
(1) Therapeutic massage enterprise. It is unlawful to operate, offer, engage in or carry on massage services
in the city without a therapeutic massage enterprise license.
(2) Therapeutic massage therapist license. It is unlawful to practice, administer or provide massage
services in the city without a therapeutic massage therapist license.
(d) Exemptions. A therapeutic massage enterprise license or massage therapist license is not required for the
following persons and places:
(1) Persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy
or podiatry, provided that the massage is administered in the regular course of the medical treatment
not provided as part of a separate and distinct massage business;
(2) Persons licensed by the state as beauty culturists or barbers, provided the persons do not hold
themselves out as giving massage treatments and provided that 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;
(3) Persons working solely under the direction and control of a person duly licensed by the state to
practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry;
(4) Places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home
established for hospitalization or medical care; and
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(5) Athletic coaches, directors and trainers employed by public or private schools.
(e) General rule. The owner or operator of a licensed therapeutic massage enterprise may only employ licensed
therapeutic massage therapists to provide massage services. If the owner or operator of a licensed
therapeutic massage enterprise personally provides massage services as well, said owner or operator must
also be licensed as a therapeutic massage therapist.
(f) License application.
(1) Therapeutic massage enterprise. The application for a therapeutic massage enterprise license must
contain the following information:
a. For all applicants whether the applicant is an individual, corporation, partnership or other form of
organization:
1. The legal description of the premises to be licensed together with a plan of the area
showing dimensions, location of buildings, street access and parking facilities;
2. The floor number, street number and rooms where the massage services are to be
conducted;
3. Whether all real estate and personal property taxes that are due and payable for the
premises to be licensed have been paid, and if not, the years and amounts that are unpaid;
4. If the application is for premises either planned or under construction or undergoing
substantial alteration, the application must be accompanied by preliminary plans showing
the design of the proposed premises; if the plans for design are on file with the building
inspector, no plans need be submitted;
5. The name and street address of the business if it is to be conducted under a designation,
name or style other than the name of the applicant, and a certified copy of the certificate
required by Minn. Stat. § 333.02;
6. Other information that the city council may require.
b. For applicants who are individuals:
1. The name and date of birth of the applicant and applicant's residence address;
2. If the applicant has ever used or been known by a name other than the applicant's name,
and if so, the name or names and information concerning the dates and places where used;
3. Residence addresses of the applicant during five years preceding the date of application;
4. The type, name and location of every business or occupation the applicant has been
engaged in during the preceding five years;
5. Names and addresses of the applicant's employers for the preceding five years;
6. If the applicant has ever been convicted of a felony, crime or violation of an ordinance
other than a minor traffic offense; if so, the applicant must furnish information as to the
time, place and offense involved in the convictions;
7. If the applicant has ever been engaged in the operation of massage services; if so, the
applicant must furnish information as to the name, place and length of time of the
involvement in such activity.
c. For applicants that are partnerships:
1. The names and addresses of general and limited partners and the information concerning
each general partner described in paragraph b. above;
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2. The managing partners must be designated, and the interest of each general and limited
partner in the business must be disclosed;
3. 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 name under Minn. Stat. §
333.02, a certified copy of that certificate must be submitted. The license if issued will be in
the name of the partnership.
d. For applicants that are corporations:
1. The name of the organization, and if incorporated, the state of incorporation;
2. A true copy of the certificate of corporation, and, if a foreign corporation, a certificate of
authority as described in Minn. Stat. § 333.02;
3. The name of the general manager, corporate officers, proprietor, and other person in
charge of the premises to be licensed, and the information about those persons described
in subsection (f)(1)b. above;
4. A list of the persons who own or have a controlling interest in the corporation or
organization or who are officers of the corporation or organization, together with their
addresses and the information regarding such persons described in subsection (f)(1)b.
above.
(2) Therapeutic massage therapist. An application for a therapeutic massage therapist license must
contain the following information:
a. The applicant's name and address;
b. The applicant's current employer;
c. The applicant's date of birth and home telephone number.
d. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than
a minor traffic offense and, if so, the time, place and offense involved in the convictions;
e. If the applicant has ever used or been known by a name other than the applicant's name, and if
so, the name or names and information concerning dates and places where used;
f. Evidence that the applicant:
1. Has current insurance coverage over $1,000,000 for professional liability in the practice of
massage;
2. Is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the
city;
3. Has completed 500 hours of certified therapeutic massage training from a recognized
school that has been approved by the city manager; or
4. Has one year of experience practicing massage therapy as established by an affidavit and
can document within two years of obtaining the license that the person has completed 500
hours of certified therapeutic massage training from a recognized school; if such
documentation cannot be established at the time of license renewal, the license will not be
renewed and the person who received the license based upon experience may not receive
a license in the future unless the person has the requisite certified hours;
g. Other information that the city council may require;
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h. The minimum requirement of massage training specified in subsections (f)(2)f.3 and 4 of this
section does not apply to a massage therapist:
1. Employed by an establishment licensed for massage on the effective date of Ordinance No.
10‐09 adopted on July 26, 2010; and
2. Continuously employed since that date by the licensed establishment.
(g) Application and investigation fees. The fees for a massage enterprise or therapist license are as set forth in
the city's fee schedule. A one‐time nonrefundable investigation fee will be charged for each license. An
application for either license must be accompanied by payment in full of the required license and
investigation fees.
(h) Application verification and consideration.
(1) Therapeutic massage enterprise license. The city manager must verify the information supplied on the
license application and investigate the background, including the criminal background, of the applicant
to assure compliance with this section, by referring the application to the chief of police or the chief's
designee for an investigation including a CCH investigation. Within 90 days of receipt of a complete
application and fee for a therapeutic massage enterprise license, the city manager must make a written
recommendation to the city council as to issuance or nonissuance of the license. The city council may
order additional investigation if it deems it necessary, but must grant or deny the application within
120 days of receipt by the city manager of the complete application and required fees.
(2) Therapeutic massage therapist license. The city manager must verify the information supplied on the
license application and investigate the background, including the criminal background, of the applicant
to assure compliance with this section, by referring the application to the chief of police or the chief's
designee for an investigation including a CCH investigation. Within 90 days of receipt of a complete
application and fee for a therapeutic massage therapist license, the city manager must grant or deny
the application. Notice will be sent to the applicant upon a denial informing the applicant of the right
to appeal to the city council within 20 days. If an appeal is properly made, the matter will be placed on
the next available city council agenda.
(i) Persons ineligible for license.
(1) Therapeutic massage enterprise license. A therapeutic massage enterprise license may not be issued to
an individual who:
a. Is under 18 years of age at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minn. Stat. § 364.03, subd. 2, and who has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties and responsibilities of a licensee as
prescribed by Minn. Stat. § 364.03, subd. 3;
c. Is not of good moral character or repute;
d. Is not the real party in interest of the enterprise;
e. Has misrepresented or falsified information on the license application.
f. Has, within one year prior to the date of the application been denied a license under this section,
or any similar ordinance of any municipality of the state, or within the period has had revoked
any license issued under this section, or any similar ordinance of any municipality of the state.
(2) Therapeutic massage therapist license. A therapeutic massage therapist license may not be issued to a
person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated
with, (ii) employed by or (iii) does not hold a therapeutic massage enterprise license.
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(j) Locations ineligible for therapeutic massage enterprise license.
(1) Delinquent taxes or assessments. A therapeutic massage enterprise may not be licensed if the
enterprise is located on property on which taxes, assessments or other financial claims to the state,
county, school district or city are due and delinquent. In the event a suit has been commenced under
Minn. Stat. §§ 278.01 through 278.13, questioning the amount or validity of taxes, the city council may
on application waive strict compliance with this provision; no waiver may be granted, however, for
taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due.
(2) Building and zoning compliance. A therapeutic massage enterprise may not be licensed if the location
of such enterprise is not in conformance with chapters 3 and 4 of this Code.
(k) General license restrictions.
(1) Posting. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the
premises for which it is used. A person licensed as a therapeutic massage therapist must have in
possession a copy of the license when therapeutic massage services are being rendered.
(2) Area. A therapeutic massage enterprise license is effective only for the compact and contiguous space
specified in the approved license application. If the licensed premises is enlarged, altered or extended,
the licensee must inform the city manager. A licensed therapeutic massage therapist may perform
onsite massage at a business, public gathering, private home or other site not on the therapeutic
massage enterprise premises.
(3) Transfer. The license issued is for the person or the premises named on the approved license
application. Transfer of a license from place to place or from person to person is not permitted.
(4) Coverings. The therapist must require that the person who is receiving the massage will at all times
have that person's breasts, buttocks, anus and genitals covered with nontransparent material or
clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and genitals
covered with a nontransparent material or clothing.
(5) Prohibited massage. A therapist may not massage or offer to massage the penis or scrotum of a male
person or the breasts, mons veneris, vulva, or vaginal area of a female person.
(l) Restrictions regarding sanitation and health.
(1) 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 be fully and adequately illuminated.
(2) 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. If the table, chair or
furniture on which a patron receives the massage is made of material impervious to moisture, such
table, chair or furniture must be sanitized after each massage.
(3) The therapeutic massage therapist must wash the therapist's hands and arms with water and soap,
anti‐bacterial scrubs, alcohol or other disinfectants prior to and following each massage service
performed.
(4) Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that
can be readily disinfected after each massage.
(5) Rooms in a therapeutic massage enterprise must be illuminated.
(6) A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning
supplies.
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(7) Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as
required by this Code.
(8) Therapeutic massage enterprises must be maintained in good repair and sanitary condition.
(9) Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean
Air Act.
(10) A therapeutic massage enterprise must take reasonable steps to prevent the spread of infections and
communicable diseases on the licensed premises.
(11) Massage therapists must wear clean clothing when performing massage services.
(m) License term; fees; renewals. Licenses expire annually on December 31. The city manager must prepare an
application form for the renewal of a license requiring information that the manager determines necessary
for consideration of the renewal. The renewal application must be made no later than December 1. License
fees are as set forth in the city's fee schedule.
(n) Suspension; revocation; denial. A license granted or to be granted under this section may be denied,
suspended or revoked by the city council for any of the following reasons:
(1) Fraud, misrepresentation or incorrect statement contained in the application for the license, or made
in carrying on the licensed activity.
(2) Conviction of any crime pertaining to the license held or applied for.
(3) Conducting licensed activity in such a manner as to constitute a breach of peace or a menace to the
health, safety and welfare of the public or a disturbance of the peace or comfort of the residents of the
city.
(4) Actions unauthorized or beyond the scope of the license granted.
(5) Violation of any regulation or provision of this Code applicable to the activity, for which the license has
been granted, or any regulation or law of the state so applicable.
(6) Failure to continuously comply with all conditions required as precedent to the approval of the license.
(o) Temporary therapist license.
(1) The city manager may issue a temporary therapeutic massage therapist license as provided in this
subsection.
(2) A temporary massage therapist license may be issued to a person who:
a. Is qualified to hold a massage therapist license under this section;
b. Has completed the required application and paid the license fee at least seven days prior to the
effective date of the license.
(3) A temporary license is effective for four consecutive days. A person may not be issued more than three
temporary licenses in any period of 360 consecutive days.
(4) All other provisions of this section apply to temporary licenses.
(p) Hours of operation. A licensed therapeutic massage enterprise may not operate for business between the
hours of 9:00 p.m. and 7:00 a.m.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐01, § 8, 1‐23‐2017; Ord. No. 17‐07, § 21, 7‐24‐2017)
Secs. 8‐36—8‐39. Reserved.
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Sec. 8‐40. Fireworks.
(a) Purpose. The purpose of this section is to regulate the sale of permitted consumer fireworks in order to
protect the health, safety and welfare of the general public. The city council makes the following findings
regarding the need to license and regulate the sale, distribution, storage and display of fireworks permitted
under state law:
(1) Consumer fireworks contain pyrotechnic chemical compositions that are combustible; accordingly, the
unregulated accumulation, storage, display and sale of these items present fire safety hazard; and
(2) The improper disposal of consumer fireworks presents environmental hazards; and
(3) Due to their short‐term and mobile nature, it is more difficult and demanding of city staff and public
safety resources to enforce compliance with city ordinances and state law for temporary and transient
sales of consumer fireworks that it is for established, permanent business.
(b) Required license for sale of fireworks. It is unlawful to sell fireworks in the city in violation of Minn. Stat. §§
624.20 through 624.25, inclusive, which are adopted by reference. "Consumer fireworks" as defined in this
section may, however, be sold upon issuance of a license issued by the city.
(c) Consumer fireworks defined. For the purposes of this section, "consumer fireworks" is defined to mean wire
or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are
nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube of a total of 200 grams
or less for multiple tubes, snakes and glow worms, smoke devises, or trick noisemakers which include paper
streamers, party poppers, string poppers, snappers and drop pops, each consisting of not more than 25
hundredths grains of explosive mixture.
(d) Application. The application for a license shall contain the following information: name, address and
telephone number of applicant; the address of the location where fireworks will be sold; the type of
consumer fireworks to be sold; and the estimated quantity of consumer fireworks that will be stored on the
license premises. No license shall be issued for the sale of permitted consumer fireworks at a place of
business not in compliance with the National Fire Protection Association (NFPA) Standard 1124 (2006
Edition).
(e) Insurance required. All licensees must have at all times a valid certificate of insurance issued by an insurance
company licensed to do business in the state, evidencing that the applicant's use of the property is currently
covered by a liability insurance policy. The minimum limits of coverage for such insurance shall be:
(1) At least $200,000.00 for each claim; and
(2) At least $500,000.00 for each incident.
(3) Such insurance shall be kept in force during the term of the license and the licensee must provide for
prior notification to the city should the policy be terminated or canceled. A certificate of insurance
must accompany all initial and renewal license applications.
(f) Processing application. The application must be filed with the city clerk together with the license fee.
Following an inspection of the premises proposed to be licensed, the city manager or his/her designee shall
issue the license if the conditions for license approval are satisfied and the location is properly zoned. If the
city manager or his/her designee denies the license application, the applicant may, within ten days, appeal
the decision to the city council.
(g) Conditions of license. The license shall be issued subject to the following conditions:
(1) The license is nontransferable, either to a different person or location.
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(2) The licensed premises must be in compliance with the National Fire Protection Association (NFPA)
Standard 1124 (2006 edition).
(3) The license must be publicly displayed on the licensed premises.
(4) The premises are subject to inspection by city employees during normal business hours.
(5) The applicant must be at least 18 years of age.
(6) If the applicant does not own the business premises, a true and correct copy of the current, executed
lease, as well as the written authorization of the property owner for the applicant's use of the property
for the sale of permitted fireworks.
(7) The sale of consumer fireworks must be allowed by the zoning ordinance and must comply with all
zoning ordinance requirements including signs.
(8) The applicant shall not have had a license to sell fireworks revoked within the last three years.
(9) The premises must be in compliance with the state building code and state fire code.
(h) License period/fee. Licenses shall be issued for a calendar year and must be renewed annually per section 8‐
2(c) of this Code. The initial fee and renewal fee shall be as set forth in the city's fee schedule.
(i) Revocation of license. Following written notice and an opportunity for a hearing, the city manager or his/her
designee may revoke a license for violation of this section or state law concerning the sale, use or possession
of fireworks. If a license is revoked, neither the applicant nor the licensed premises may obtain a license for
12 months. If the city manager or his/her designee revokes a license, the license holder may within ten days
appeal the decision to the city council.
(Ord. No. 15‐01, §§ 1, 2, 2‐9‐2015; Ord. No. 17‐07, §§ 1, 22, 7‐24‐2017)
Editor's note(s)—Ord. No. 17‐07, §§ 1, 22, adopted July 24, 2017, changed the title of § 8‐40 from "Regulation of
the sale of fireworks" to read as herein set out.