CITY OF HASTINGS, MINNESOTAORDINANCE NO. 2012-05,

THIRD SERIES

An Ordinance of the City of Hastings

Deleting Chapters 110.08: Mechanical Amusement Devices, 110.12: Taxicabs 110.13: Vending Wagons, Chapter 110.14 Vending Machines, and Chapter 110.18: Tree Removal

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:

HASTINGS CITY CODE CHAPTER 110.13: VENDING WAGONS AND 110.14: VENDING MACHINES ARE HEREBY DELETED IN THEIR ENTIRITY AS FOLLOWS:

§ 110.08 MECHANICAL AMUSEMENT DEVICES.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COIN AMUSEMENT. Any machine which upon the insertion of a coin, token, or slug, operates or may be operated by the public generally for entertainment or amusement, which machine emits music, noise, or displays motion pictures.

GAME OF SKILL. Any device excepting pool and billiard tables, bowling alleys, and shooting lanes, but including miniatures thereof, played by manipulating special equipment and propelling balls or other projectiles across a board or field into respective positions whereby a score is established, the object of which is to secure a special number or numbers or a high or low total score or any other method used to indicate a winner which may be played by the public generally at a price paid either directly or indirectly for the privilege, whether a prize is offered for the game or not.

MECHANICAL AMUSEMENT DEVICE. Includes both games of skill and coin amusement as herein defined.

(B) License required. It is unlawful for any person to keep or maintain a mechanical amusement device for use by the public without first having obtained a license therefore from the city.

(C) License fee. The annual license fee for each game of skill shall be established by ordinance.

(D) Unlawful use and devices. It is unlawful for any person to:

(1) Sell or maintain a machine of device which is for gambling or contains an automatic payoff device;

(2) Give any prize, award, merchandise, gift, or thing or value to any person on account of operation of the device;

(3) Sell or maintain, or permit to be operated in his or her place of business, any mechanical amusement device equipped with an automatic pay-off device; or

(4) Equipment any mechanical amusement device with an automatic pay-off device.

(E) Term. All mechanical amusement device licenses shall be for the period of one (1) year and shall expire on June 30 of each year, regardless of when the license was originally issued. Thereafter, all licenses eligible for renewal, will be renewed for one (1) year. (Prior Code, § 5.30) (Am. Ord. 2009-05, 3rd Series, passed 4-20-2009) Penalty, see § 10.99

§ 110.12 TAXICABS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OPERATOR. A licensee owning or otherwise having control of 1 or more taxicabs.

TAXICAB. Any motor vehicle engaged in the carrying of persons for hire whether over a

fixed route or not, and whether the same be operated from a street stand or subject to call from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulations by the State of Minnesota or vehicles regularly used by undertakers in carrying on their business.

TAXICAB DRIVER. The person driving and having physical control over a taxicab whether he or she be the licensee or in the employ of the licensed operator.

TAXICAB STAND. Any place along the curb or street or elsewhere which is exclusively

reserved by the city for the use of taxicabs.

(B) License required. It is unlawful for any person to drive or operate any taxicab without a license therefore from the city. Any person desiring a taxicab license shall file with the city an application containing the information as the city shall require. Before the person shall be licensed to conduct a taxicab business in the city, a copy of the application for the license shall be delivered to the Chief of Police (Chief) or designee. The Chief, or an officer designated by the Chief, shall investigate the applicant and report the results of the investigation to the Chief, who shall recommend to the City Council, approval or disapproval of the application. No person shall be licensed under the terms of this section, who, at any time prior to the issuance of the license, has been convicted of a crime of violence or moral turpitude, or any infraction of the terms and provisions of this section, or any of the ordinances of the City of Hastings regulating the taxicab business. When the city denies any license based upon the conviction, however, the city shall follow the procedures in this section. The term CONVICTED shall include a plea of guilty, even though no judgment of conviction is or has been entered or if imposition of sentence has been stayed.

(1) After receiving the recommendation from the Chief of Police, the City Council shall conduct a hearing on the license application within a reasonable amount of time following receipt of the Chief's report and recommendation regarding the application. Before the City Council can consider the application, a public hearing must be held, which is preceded by 10-days' published notice. At the public hearing, an opportunity may be given to any person who wishes to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems an additional hearing is necessary. After the hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application.

(2) Any license holder who allows their required insurance to lapse, without timely reinstatement, or fails to submit a renewal application by the schedule due date, will be required to submit new application paperwork for a license, including payment of a new background investigation fee.

(C) (1) License fee. The annual license fee will be established by ordinance.

(2) Investigation fee. An applicant for any taxicab license from the city shall pay an investigation fee in the amount determined by ordinance. This application fee shall be paid to the city when the original application is submitted to the city for its consideration. This investigation fee shall cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this section. This fee shall be non-refundable.

(D) License issuance and display, and vehicle marking. All licenses shall be issued for specific conveyances, except as otherwise herein provided. License tags, including number and year for which issued, shall be displayed upon the windshield of the conveyance and plainly visible from the front of the conveyance. The license tag shall not exceed 2-½ inches in the longest measurement and shall bear the license number of the taxicab and proper descriptive words, including the year for which the license was issued, and the license tag shall be of distinctly different shape for any 3 successive years. Both sides of every licensed taxicab, when in use, shall be plainly and permanently marked as such with a painted sign or appurtenances showing the full or abbreviated name of the licensed operator. Every driver of taxicabs shall wear on his or her cap or hat a metal plate bearing the words "Licensed Taxicab" printed in letters at least ½ inch in height.

(E) Insurance required. Before a taxicab license is issued by the Council, and at all times effective during the licensed period, the licensee shall have and maintain public liability and bodily injury insurance in the amount required by state law. The insurance shall cover all passengers carried by the insured licensee and shall be for public taxicab purposes. All the policies shall be approved by the City Attorney and contain a clause providing for 10-days' written notice to the City Clerk before cancellation and a memorandum of the insurance shall be furnished to the city before a license is issued.

(F) Cards and rates. The operator of any taxicab shall cause to be printed in plain, legible letters obviously displayed inside the taxicab, a card giving the number of the license, the rates of fares to be charged, a rate zone map, and a statement that any packages or articles left in the taxicab must be returned to the City Clerk's office by the taxicab driver, where the articles may be identified and claimed.

(1) Rates. A schedule of rates to be charged by taxicabs shall be fixed and determined by the Council and adopted by ordinance.

(2) Rate Zone Map. The Rate Zone Map, which may be amended from time to time by resolution of the Council, is hereby adopted as though set forth verbatim herein, and shall be kept on file and open to inspection in the office of the City Administrator.

(G) Mechanical condition. Before issuing a taxicab license, the applicant shall present to the Council a certificate signed by a competent and experienced mechanic showing that the taxicab conveyance is in good mechanical condition, that it is thoroughly safe for transportation of passengers and that it is in neat and clean condition. The similar certificates may be required from time to time during the licensed period. In lieu of the certificate, the Council may accept the report of the Chief of Police relative thereto.

(H) Rules and regulations.

(1) All taxicab drivers shall be clean and courteous at all times.

(2) No driver of the licensed taxicab shall carry any other than the passenger first employing the taxicab without the consent of the passenger, nor shall the driver carry any baggage objectionable to any passenger.

(3) No taxicab driver shall deceive any passenger who may ride with him, or who may desire to ride in any such vehicle, as to his or her destination or distance traveled or to be traveled.

(4) Every taxicab shall be provided with windows in the tonneau sufficient in number and of the size and dimensions that at all times persons may be readily seen through the windows with sufficient distinctness to identify the persons. (Prior Code, § 5.60) Penalty, see § 10.99

§ 110.13 VENDING WAGONS.

(A) License required. It is unlawful for any person to sell or offer for sale any merchandise or service on any street or public property without a license therefor from the city. Before issuance of any such license, the Council shall require a report from the Public Works Director as to any possible traffic hazard or danger to persons or property that are reasonably foreseeable if the license is issued. Any such license shall not be valid during a special event as defined in § 115.01.

(B) Fee. The annual fee for a vending wagon license will be established by ordinance.

(Prior Code, § 5.62) (Am. Ord. 562, passed 2-20-2007) Penalty, see § 10.99

§ 110.14 VENDING MACHINES.

(A) License required. It is unlawful to own or display for public use any mechanical device used for the purpose of selling upon the insertion of a coin or coins, any merchandise whatsoever without a license therefore from the city.

(B) Fee. The annual fee for a vending machine license will be established by ordinance.

(C) Exception. This section shall not apply to any vending machine distributing dairy products that are regulated by state law. (Prior Code, § 5.63) Penalty, see § 10.99

§ 110.18 TREE REMOVAL.

(A) License required. It is unlawful for any person to be engaged in the business of tree removal within the city, without first having obtained a license therefor from the city.

(B) Licensee fee. The annual fee for a tree removal license will be established by ordinance.

(C) Conditions of licensing.

(1) Every license so issued shall expire 1 year after the date thereof, or it may be suspended or revoked at any time by the Council on satisfactory proof of any failure or neglect of the licensee to observe the rules and regulations prescribed by any provisions of the City Code or resolutions passed by the Council relating to trees and tree removal, or to obey any reasonable direction given the by the Street Superintendent or Tree Inspector respecting the performance of any service undertaken by the licensee in connection with the tree removal.

(2) Whenever 2 or more persons are to be engaged in the business of tree removal as a partnership, or as a corporation, the license shall be issued to the person who shall be in actual charge of the tree removal. A license is required for each person who is in charge of a tree removal undertaking. The licensed person must be present during the process of tree removal.

(3) It is unlawful for any person who has obtained any such license to allow his or her name to be used by any other person, either for the purpose of obtaining permits, or doing any work under the license; and every person licensed shall have recorded in the City Clerk's office his or her place of business and the name under which the business is transacted, and shall immediately notify the City Clerk of any change.

(4) All licensees shall comply with all state and local laws and regulations applicable thereto.

(D) Bond and insurance required. Before a tree removal license shall be issued, the applicant shall file with the City Clerk a liability insurance policy with a company approved by the City Clerk, with liability limits no less than $300,000 per person, $300,000 per occurrence and $50,000 property damage. The liability policy shall be in form so as to provide and make available to the city and to other persons, insurance coverage for damage to persons and property, including but not limited to damage to city streets and sidewalks.

(E) Relations of other sections of the City Code. Any licensee violating any provision of the City Code or of any resolutions adopted governing removal of trees or other matters, shall be subject to revocation of the license issued to the licensee. (Prior Code, § 5.90) Penalty, see § 10.99

This Ordinance shall be effective upon its passage and publication.

Moved by Councilmember _____________ and seconded by Councilmember to approve the Ordinance amendment, and upon being put to a vote it was adopted by a majority of all Council members present.

Adopted by the Hastings City Council on this 16th day of April, 2012, by the following vote:

Ayes

Nays:

Absent:

CITY OF HASTINGS

_____________________

Paul J. Hicks, Mayor

ATTEST:

_____________________

Melanie Mesko Lee

Assistant City Administrator/City Clerk

4/19/2012

Tags: public notices, general legals