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Item 3.4 Ordinance Amending City Code Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 24 June 2024 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Clerk Etzel City Attorney Kendall 3.4 – City Code STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council adopt an ordinance amending the City Code. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: City staff has initiated updates to sections of the City Code addressing businesses and licensing. These updates have been identified over time as City staff administers the City Code and as a result of related State and County regulations. The proposed amendments address: Title 3, Chapter 1, Fee schedule (Sections 1-3) ▪ Update garbage hauler fees ▪ Exclude solicitors from fee ▪ Include additional liquor license fees Title 4, Chapter 1, Alcohol Licensing (Sections 4-16) ▪ Update and add definitions ▪ Modify types of licenses per Statute ▪ Clarify temporary license provisions ▪ Update area of license provisions for delivery and patios ▪ Clarify allowed sales hours ▪ Add Emergency Service Director review for patios and inspections ▪ Reference Statute provisions regarding securities Title 4, Chapter 5, Peddlers, Solicitors, and Transient Merchants (Sections 17-32) ▪ Updates to peddlers per LMNC Model Ordinance ▪ Add/revise definitions ▪ Update application information/process ▪ Expand listed exemptions ▪ Revise qualifications for license ineligibility ▪ Add registration (not license) for solicitors ▪ Update placard provisions ▪ Revise prohibited activities; include prohibition regarding audio ▪ Suspension/Revocation: o Include multiple persons under one license provision o Update procedure (opportunity for standard language) Title 4, Chapter 6 Rental Housing (Section 33-35): ▪ Update to require license/inspection of townhouses units in single building under common owner same as multiple family. Title 5, Chapter 3: Solid Waste Collectors (Section 36-46) ▪ Revisions based on consistency with Wrigth County ordinance ▪ Add/revise definitions ▪ Revise license requirements/procedures o Provide process for suspension/revocation ▪ Is the City requiring haulers to provide bonds? ▪ Update insurance provisions ▪ Expand hauler responsibilities for services ▪ Update reporting provisions ▪ Repeal provisions allowing individual waste disposal sites and waivers from prohibition of waste disposal sites The proposed amendments were considered by the Administrative Subcommittee at their meeting on 8 May 2024, after which they recommended approval of the proposed amendments subject to additional comments by other City staff. The City Engineer is recommending a change to the Fee Schedule increasing the Stormwater Impact Fee for Otsego Creek from $4,318.00 to $4,765.00 based on updates to the Otsego Creek Stormwater Management Plan. The proposed fee schedule and Otsego Creek Stormwater Management Plan update were reviewed by the Public Works Subcommittee at their meeting on 22 May 2024 and they recommended approval. The proposed amendments have finalized in accordance with the recommendations of the City Council subcommittees and comments of City staff, posted to the City website for the required 10-day notice, and scheduled for consideration at the City Council meeting on 24 June 2024 a consent agenda item. City staff recommends approval of the proposed amendments as presented. SUPPORTING DOCUMENTS ATTACHED: • Ordinance 2024-07 • Summary Ordinance 2024-07 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2024-07 amending the City Code related to t to the fee schedule; solid waste; alcohol licensing; peddlers, solicitors, and transient merchants; and rental housing; and approve publication in summary form. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO: 2024-07 AN ORDINANCE AMENDING THE CITY CODE REGARDING THE FEE SCHEDULE; SOLID WASTE; ALCOHOL LICENSING; PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS; AND RENTAL HOUSING THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 3-1-2.A of the City Code (Finances and Taxation; Schedule of Fees; Licenses) is hereby amended to revise the following rows: Peddlers, solicitors, and transient merchants license Subsection 4-5-2 CB $100.00/applicant Section 2. Section 3-1-2.A of the City Code (Finances and Taxation; Schedule of Fees; Licenses) is hereby amended to amend the following rows: Liquor: Subsection 4-1-8.A.3 On-Sale 3.2 liquor $100.00 Off-Sale 3.2 liquor $100.00 Club $75.00 On-sale intoxicating liquor $4,500.00 Off-sale intoxicating liquor $150.00 Intoxicating liquor (Sunday) $200.00 Investigation Fee (single or corporation) $500.00 Set-ups No cost Wine $150.00 Consumption and display $100.00 Temporary liquor $75.00 Small brewer (off-sale) $150.00 Brewpub (on-sale) $200.00 Brewpub (off-sale) $200.00 Taproom $200.00 Cocktail Room $4,500.00 Microdistillery (off-sale) $200.00 2 Farm Winery $200.00 Section 3. Section 3-1-2.D. of the City Code (Finances and Taxation; Schedule of Fees; Licenses) is hereby amended to amend the following rows: b. Otsego Creek $4,318.004,765.00/net acre Section 4. Section 4-1-2 of the City Code (Business and License Regulations – Alcoholic Beverages; Definitions) is hereby amended to revise following definitions: RESTAURANT: A business under the control of a single proprietor or manager having a full service kitchen, in consideration of payment, meals are regularly served at tables with to the general public with seating facilities for not less than thirty (30) people and which employs an adequate staff to provide the usual and suitable service to its guests, and part of the business of which is the serving of foods. Such establishment shall have facilities for seating not less than fifty (50) guests at one time. Section 5. Section 4-1-4 of the City Code (Business and License Regulations – Alcoholic Beverages; Types of Licenses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Off-Sale Microdistillery License: A microdistillery license may be issued for off-sale of distilled spirits allowing the sale of up to a total of seven hundred fifty (750) milliliters per customer per day of product manufactured on site, in any size container or combination of containers approved by the Alcohol and Tobacco Tax and Trade Bureau. Section 6. Section 4-1-4.A of the City Code (Business and License Regulations – Alcoholic Beverages; Types of Licenses) is hereby amended to read as follows: A. Brewpub, Off-Sale License: An off-sale brewpub license may be issued only in accordance with Minnesota Statutes 340A.24, Subd. 2. Section 7. Section 4-1-4.B of the City Code (Business and License Regulations – Alcoholic Beverages; Types of Licenses) is hereby amended to read as follows: B. Brewpub, Off-Sale License: An off-sale brewpub license may be issued only in accordance with Minnesota Statutes 340A.24, Subd. 1. 3 Section 8. Section 4-1-4.C of the City Code (Business and License Regulations – Alcoholic Beverages; Types of Licenses) is hereby amended to read as follows: C. Cocktail Room License: A cocktail room license may be issued only in accordance with Minnesota Statutes 340A.22, Subd. 2.(a). Section 9. Section 4-1-4.H of the City Code (Business and License Regulations – Alcoholic Beverages; Types of Licenses) is hereby amended to read as follows: H. On-Sale Intoxicating Liquor License: An on-sale intoxicating liquor license may be issued only to restaurants those uses allowed by Minnesota Statutes 340A.404, Subd. 1. whose gross food and beverage receipts of the restaurant are at least fifty percent (50%) attributable to the sale of food, and shall be regulated as follows provided that a copy of their food license from the Minnesota Department of Health is submitted to the City with application for a license in accordance with this chapter. 1. Each on-sale intoxicating liquor licensee shall have the continuing obligation to have at least fifty percent (50%) of gross food and beverage receipts from the restaurant during the preceding business year attributable to the sale of food. 2. For the purpose of this subsection H, “sale of food” shall include gross receipts attributable to the sale of food items, soft drinks, and nonalcoholic beverages. The term shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages, such as ice, soft drink mixes or other mixes. 3. The restaurant shall submit to the City a copy of the verified State of Minnesota, Department of Revenue Sales and Use Tax return on an annual basis or as requested. The City may obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. 4. The City may place the license of any on-sale intoxicating liquor licensee on probationary status for up to one year when the sale of food is reported, or found to be, less than fifty percent (50%) of gross food and beverage receipts for any business year. 5. If, after the probationary period, food sales are still less than fifty percent (50%), the establishment shall not be eligible for the renewal of an intoxicating liquor license., Section 10. Section 4-1-4.I of the City Code (Business and License Regulations – Alcoholic Beverages; Types of Licenses) is hereby amended to read as follows: I. On-Sale Sunday Liquor Sale License: An on-sale Sunday liquor sale license may be issued to establishments holding an on-sale liquor license hereunder in accordance with Minnesota Statutes 340A.504, Subd. 3. Such license shall permit the sale of liquor to be consumed on the 4 premises in conjunction with the serving of food. A separate application for sucha Sunday liquor sale license shall be made to the City in the same manner as applications for other licenses to sell intoxicating liquor are made hereunder. Section 11. Section 4-1-4.P.1.a of the City Code (Business and License Regulations – Alcoholic Beverages; Types of Licenses) is hereby amended to read as follows: a. Not more than four (4) consecutive days and no more than three (3) 4-day, four (4) 3-day, or six (6) 2-day temporary licenses, in any combination not to exceed twelve (12) days per year to any one organization or registered political committee, or for any one location, within a twelve (12) month period. Section 12. Section 4-1-4.P.5 of the City Code (Business and License Regulations – Alcoholic Beverages; Types of Licenses) is hereby amended to read as follows: 5. Temporary licenses must first be approved the Commissioner of Public Safety before they become valid. Not more than one (1) temporary license may be issued to any one organization or registered political committee, or for any one location, within any thirty (30) day period. Temporary licenses shall first be approved by the City before being subject to review and approval of Commission of Public Safety before they become valid. Section 13. Section 4-1-5.A of the City Code (Business and License Regulations – Alcoholic Beverages; Term of License) is hereby amended to read as follows: A. License Term: All liquor licenses shall be issued for a term not greater than one year and shall expire on June 30 each year, except for temporary licenses regulated by Section 4-1-4.P of this chapter. Section 14. Section 4-1-6.A.3 of the City Code (Business and License Regulations – Alcoholic Beverages; Conditions of License) is hereby amended to read as follows: 3. Area Of License: No license shall be effective beyond the areas approved in the license for which it was granted, except for off-sale delivery as may be allowed in accordance with Minnesota Rules 7515.0580. Section 15. Section 4-1-6.C.1 of the City Code (Business and License Regulations – Alcoholic Beverages; Conditions of License) is hereby amended to read as follows: 1. Hours Of Operation: 5 a. The allowed hours of sale shall be as set forth by the provisions of Minnesota Statutes section 340A.504 with reference to the hours of sale are hereby adopted and made a part of this chapter as if fully set out herein. b. Malt liquor in growlers may also be sold at off-sale on Sunday after eight o'clock (8:00) A.M. cb. Persons other than employees of the licensee may not be in the premises from thirty (30) minutes after the sale of malt liquor or intoxicating liquor is prohibited until thirty (30) minutes before the sale is permitted. Section 16. Section 4-1-6.C.3.b of the City Code (Business and License Regulations – Alcoholic Beverages; Conditions of License) is hereby amended to read as follows: b. Performance Standards: (1) The patio shall not be enclosed in such a manner that the space becomes an indoor area as defined by Minnesota Statute. (2) The patio shall be attached to located on the same property as the licensed premises and share at least one common wall with the licensed premises building in accordance with Minnesota Statute; the patio, be adjacent to, but not required to be attached to, the principal building, and shall not be part of a public street, sidewalk, or other public groundsproperty or right-of-way. (3) The patio shall be clearly delineated by an approved fence at least forty two inches (42") in height or some other approved structure or barrier that is compact and contiguous to prevent the ingress or egress of persons to and from the patio, except as required by the Fire Code. (43) Screening may be required if the premises is adjacent to a residential district established by the zoning ordinance, consistent with the fencing/screening/landscaping provisions of the zoning ordinance. (54) Liquor and food may be served, dispensed, possessed, displayed, or furnished on a patio located within one hundred fifty feet (150') of a residential district between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Sunday through Thursday, and between the hours of seven o'clock (7:00) A.M. and eleven o'clock (11:00) P.M. on Friday and Saturday. (65) The patio shall be in compliance with the noise amplification and outdoor entertainment provisions of this Code. 6 (76) The premises shall be in compliance with the following provisions of the zoning ordinancetitle 11 of this code, including, but not limited, to the following: (A) Exterior lighting. (B) Screening and landscaping. (BC) Off street parking. (CD) Signs. Section 17. Section 4-1-6.C.3.c of the City Code (Business and License Regulations – Alcoholic Beverages; Conditions of License) is hereby amended to read as follows: c. The patio site plan shall be subject to review by the City Clerk, Zoning Administrator, Emergency Services Director, and Building Official for compliance with applicable City codes and the zoning ordinance. Section 18. Section 4-1-6.C.6.a of the City Code (Business and License Regulations – Alcoholic Beverages; Conditions of License) is hereby amended to read as follows: a. Any Sheriff’s Deputy,The City Clerk, Zoning Administrator, Emergency Services Director, building inspectorBuilding Official, deputies of the Wright County Sheriff’s Office, or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect, and search the premises of any licensee hereunder at any time without a warrant. Section 19. Section 4-1-7.A of the City Code (Business and License Regulations – Alcoholic Beverages; Securities) is hereby amended to read as follows: A. All applicants for any type of intoxicating liquor, 3.2 percent malt liquor, or wine license musta license under this chapter shall, as a condition to the issuance of the license, maintenance of the license and renewal of the license, demonstrate to the City proof of financial responsibility as set forth in Minnesota Statutes section 340A.409 with regard to liability imposed by Minnesota Statutes section 340A.801. The minimum requirements for proof of financial responsibility shall be as set forth in Minnesota Statutes section 340A.409. Section 20. Section 4-1-8.D of the City Code (Business and License Regulations – Alcoholic Beverages; Administration of Licenses) is hereby amended to read as follows: D. Investigations: At the time of making an initial application, renewal application, or request for a new operating officer, the applicant shall, in writing, authorize the City Clerk and/or Wright 7 County Sheriff’s Office to investigate all facts set out in the application and do a personal background and felony criminal record check on the applicant. The applicant shall further authorize the City Clerk and/or Wright County Sheriff’s Office to release information received from such investigation to the City Council. Section 21. Section 4-1-8.F.2.a of the City Code (Business and License Regulations – Alcoholic Beverages; Administration of Licenses) is hereby amended to read as follows: a. Except in the case of a golf course, licenses shall only be issued tofor a defined space that is compact and contiguous and issued only for the exact rooms, patios, and square footage described in license the application. Section 22. Section 4-5-1 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Definitions) is hereby amended to add the following definitions: CITY CLERK: The Otsego city clerk appointed by the city council, or their designee. NON-COMMERICAL DOOR-TO-DOOR ADVOCATE: A person who goes door-to-door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non-commercial purposes. REGULAR BUSINESS DAY: Any day during which the city hall is normally open for the purpose of conducting public business, not including holidays defined by Federal or State law. Section 23. Section 4-5-1 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Definitions) is hereby amended to revise following definitions: TRANSIENT MERCHANT: Any person who engages in any temporary and transient business in this State, either in one locality, or in traveling from place to place in this State, selling goods, wares, and merchandise; and who, for the purpose of carrying on such business, hires, leases, occupies, or uses a building, structure, vacant lot, vehicle or railroad car for the exhibition and sale of such goods, wares, and merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two (2) or more sellers or exhibitors temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property. Section 24. Section 4-5-2.B of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Licensing of Peddlers and Transient Merchants) is hereby amended to read as follows: B. Application For License: Application for a license to conduct business as a peddler or transient merchant shall be made at least fourteen (14)fifteen (15) regular business days before the 8 applicant desires to begin conducting business within the City limits. Application for a license shall be made on a form provided by the City. All applications shall be signed by the applicant. Any fraud, misrepresentation, or false statement on the application shall constitute a violation of this chapter. All applications shall include the following information: 1. Applicant's full legal name, and any other names used or known by in the past;. 2. All other names under which the applicant conducts has or does conduct business, or to which the applicant officially answers;. 3. A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, etc.) ;. 4. Full address of the applicant's permanent residence;. 5. Telephone number of the applicant's permanent residence;. 6. Full legal name of any and all business operation(s) owned, managed, or operated by the applicant, or for which the applicant is an employee or agent;. 7. Full address of the applicant's regular place of business (if any) ;. 8. Any and all business related telephone number(s) of the applicant;, including cellular phones and facsimile machines, and e-mail addresses. 9. The type of business for which the applicant is applying for a license; 10. The dates during which the applicant intends to conduct business and the number of days he or she will be conducting business in the City;. 11. Any and all address(es) and telephone number(s) where the applicant can be reached while conducting business within the City, including the location where a transient merchant intends to set up business;. 12. A statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor, for violation of any State or Federal Statute or any local ordinance, other than traffic offenses;. 13. A list of the five (5)three (3) most recent locations where the applicant has conducted business as a peddler or transient merchant;. 14. Written permission of the property owner or the property owner's agent for any property to be used by a transient merchant;. 16. All additional information deemed necessary by the City Council; 17. A list of all individuals to be covered by a group license; 9 18. Source of items sold and the item's location at the time of licensing and time of sale; 1915. License plate number, and registration information, Vehicle Identification Number (VIN), and physical description for any vehicle to be used in conjunction with the licensed business and a description of the vehicle;. 2016. The applicant's driver's license number or other acceptable form of identification;. 2117. Recent passport style photograph of the applicant;. 22. Proof of any required State license for transient merchant activities (not applicable to door to door solicitations); 2318. Written consent authorizing the City to request a criminal history background investigation in accordance with title 1, chapter 6 of this Code. Section 25. Section 4-5-2.D of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Licensing of Peddlers and Transient Merchants) is hereby amended to read as follows: D. Procedure: 1. The City Clerk shall determine if an application for a license under this chapter is complete within fifteen (15) days of receipt of the application and payment of the license fee; Aan application shall be determined to be complete only if all required information is provided. 2. If the City Clerk determines that an application is incomplete, itthey shall inform the applicant in writing of the information required to be provided prior to issuance of a licensecomplete the application. 23. a. The City shall review the application and order any investigation, including background investigations, necessary to verify the information provided with the application. ba. Applicants for a license under this chapter shall be subject to a criminal history background investigation, as required by subsection 1-6-2C of this Code and processed in accordance with section 1-6-3 of this Code. 34. The City Clerk shall either approve or deny the license within thirty (30) business days after receipt of a complete application. 45. If the application is denied, the applicant shall be notified in writing of the decision, the reason for the denial (including the provisions of section 1-6-3 of this Code), and the applicant's right to appeal the denial by requesting, within seven (7) days of the date of the denial, a hearing pursuant to Minnesota Statutes sections 14.57 to 14.69 to be heard by the City Administrator, other 10 designated staff or a Hearing Officer appointed by the City Council within thirty (30) days of the date of the request. The final decision of the City Council following the hearing shall be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari.Denial of an application: a. The city clerk shall provide an applicant written notice sent via first class U.S. mail of a application for license having been denied stating the reasons for the action and the right of the applicant to request a hearing to appeal the decision. b. Upon receiving the notice of an application for license being denied, the applicant shall ten (10) days to request a hearing to appeal the decision. c. If requested by an applicant within the allowed timeframe, a hearing shall be scheduled within thirty (30) days from the date of the request. d. Hearing: (1) The hearing shall be conducted by the city council. (2) The applicant shall be provided opportunity to refute the reasons for the application having been denied, to plead for issuance of the license, or to justify the actions for which the city denied the license, including the cross examination of witnesses that testify against the applicant and the right to produce witnesses on their behalf. (3) The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to deny or issue the requested license. (4) The city clerk shall notify the applicant via first class U.S. Mail of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing. e. Appeal. Any person whose license is denied following a hearing by the city council shall have the right to appeal that decision to Court of Appeals. Section 26. Section 4-5-4 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Exemptions from License) is hereby amended to read as follows: 4-5-4: EXEMPTIONS FROM LICENSE: A. For the purpose of this chapter, the terms peddler, solicitor, and transient merchant shall not apply to: 1. Non-commercial door-to-door advocates. Nothing within this ordinance shall be interpreted to prohibit or restrict non-commercial door-to-door advocates. Person engaging in non-commercial door-to-door advocacy shall not be required to register as a solicitor under Section 7. 2. Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the 11 wholesaler. 3. Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk. 4. Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route. 5. Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large. 6. Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales. 7. Any person participating in an organized multi-person bazaar or flea market. 8. Any person conducting an auction as a properly licensed auctioneer. 9. Any officer of the court conducting a court-ordered sale. B. The licensing requirements of this chapter shall not apply to: 1. Any person selling or attempting to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm or garden within the City, subject to compliance with Title 11 of this code and other applicable regulations. Such person must comply with the City’s zoning ordinance and other applicable ordinances; 2. Persons exercising that person's State or Federal constitutional rights, except if that person's exercise of constitutional rights is merely incidental to a commercial activity;. 3. Persons selling personal property at wholesale to retailers;. 4. Daily newspaper sales;. 5. Merchants or their employees or agents delivering goods in the regular course of business;. 6. Persons age eighteen (18) years or younger soliciting for school-sponsored activities or for youth organizations where persona age eighteen (18) years or younger are the members of the organization where the proceeds of the sale benefit the school or youth organization;. Section 27. Section 4-5-5 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Ineligibility for License) is hereby amended to read as follows: 12 4-5-5: INELIGIBILITY FOR LICENSE: The following shall be grounds for denying a license or registration under this chapter: A. The failure of the applicant to obtain and show proof of having obtained any required license;. B. The failure of the applicant to truthfully provide any of the information requested by the City as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the time of application;. C. TheA conviction of the applicant within the past five (5) years of the date of application for any violation of any Federal or State Statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner that will not adversely affect the health, safety, and welfare of the residents of the City.; Ssuch violations shall include, but not be limited to: burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person; or. D. The revocation within the past five (5) years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. E. When an applicant has a bad business reputation; evidence of a bad business reputation shall include, but is not limited to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general’s office, or other similar business or consumer rights office or agency, with the preceding twelve (12) months, or three (3) complaints filed with the city against an applicant within the preceding five (5) years. Section 28. Section 4-5-7 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Transient Merchants) is hereby amended to read as follows: 4-5-7: TRANSIENT MERCHANTS PROHIBITED; EXCEPTIONS: A. Transient merchants are specifically prohibited within the City except in the following circumstances: 1. Transient merchants operating within a building; 2. The sale of plants, flowers or Christmas trees; 3. Persons selling local farm or garden products; and 4. Persons selling personal property at wholesale to retailers, to daily newspaper sales, to merchants or their employees or agents delivering goods in the regular course of business, or to a person selling or peddling the products of the farm or garden. 13 B. Transient merchants that are not prohibited must shall comply with the City's zoning ordinance provisions of title 11 of this code and any other applicable ordinances. Section 29. Title 4, Chapter 5 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants) is hereby amended to add the following section with subsequent sections renumbered accordingly: 4-5-8: REGISTRATION: All solicitors and any person exempt from the licensing requirements of this ordinance under 4-5-4 of this chapter shall be required to register with the city prior to engaging in those activities. A. Registration shall be made on the same form required for a license application, but no fee shall be required. B. Immediately upon completion of the registration form, the city clerk shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non transferrable. C. Individuals that will be engaging in non-commercial door-to-door advocacy shall not be required to register. Section 30. Section 4-5-8 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Exclusion by Placard) is hereby amended to read as follows: 4-5-8: EXCLUSION BY PLACARD: A. No peddler, solicitor, or transient merchant, non-commercial door-to-door advocate, or other person engaged in other similar activities unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor, or transient merchant, non-commercial door-to-door advocate, or other similar activity when the property is marked with a sign or placardat least three and three-fourths inches (33/4") long and three and three-fourths inches (33/4") wide with print of at least 48-point in size stating "No Peddlers, Solicitors, or Transient Merchants", or "Peddlers, Solicitors, and Transient Merchants Prohibited", or other comparable statement. No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section. B. The sign or placard shall: 1. Be at least four (4) inches long. 2. Be least four (4) inches wide. 3. Have a font size of at least forty eight (48) point. 14 4. State “No Peddlers, Solicitors, or Transient Merchants”, “Peddlers, Solicitors, and Transient Merchants Prohibited”, or other comparable statement C. No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section. Section 31. Section 4-5-9 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Prohibited Activities) is hereby amended to read as follows: 4-5-9: PROHIBITED ACTIVITIES: No peddler, solicitor, or transient merchant. non-commercial door-to- door advocate, or other person engaged in other similar activities 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. Conducting business in such a way as to create a 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 licensee's or registrant's trade or Conducting business between the hours of eightnine o'clock (89:00) P.M. and nineeight o'clock (98:00) A.M. of the following day, unless such person has been expressly invited to do so by the owner or occupant thereof. D. Failing to provide proof of license or registration and identification when requested or using the license or registration of another person. E. Failing to wear or display the certificate of registration or licensure provided by the City on the licensed or registered individual's outermost clothing or to return the certificate to the City in accordance with the requirements of this chapter. F. Making anyAlleging false or misleading statements about the product or service being sold, including untrue statements of endorsement.; Nno peddler, solicitor, or transient merchant shall claim to have the endorsement of the City solely based on the City having issued a license or certificate of registration to that person. G. Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive. H. Entering upon any premises or attempting to enter in or upon any premises wherein a sign or placard bearing the notice "peddlers or solicitors prohibited" or language similar thereto, is located. I. Selling or soliciting sales by transient merchants from public property or right-of-way or from private property unless he owns the property or has written permission from the owner. 15 J. Calling attention to the business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. Section 32. Section 4-5-11 of the City Code (Business and License Regulations – Peddlers, Solicitors and Transient Merchants; Suspension or Revocation of License or Registration) is hereby amended to read as follows: 4-5-11: SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION: A. Grounds: Any license or registration issued under this chapter may be suspended or revoked at the discretion of the City for violation of any of the following: 1. Fraud, misrepresentation, or incorrect statements on the application form; 2. Fraud, misrepresentation, or false statements made during the course of the license activity; 3. Subsequent Conviction of any offense for which granting of a license could have been denied under this chapter; 4. Violation of any provision of this chapter; 5. Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. B. Notice Required: Prior to revoking or suspending any license issued under this chapter, the City shall provide the license holder with written notice of the alleged violation(s) and inform the licensee of the licensee's right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, the business address provided on the license application. C. Hearing: Upon receiving the notice provided in subsection B of this section, the licensee shall have the right to request a hearing. If no request for a hearing is received by the City within ten (10) regular business days following the service of the notice, the City may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within twenty (20) days from the date of the request. Within three (3) regular business days of the hearing, the City shall notify the licensee of its decision. D. Emergency Suspension: If, in the discretion of the City, imminent harm to the health or safety of the public may occur because of the actions of a peddler, solicitor, or transient merchant licensed 16 or registered under this chapter, the City may immediately suspend the person's license or registration and provide notice of the right to hold a subsequent hearing as prescribed in subsection B of this section. E. Appeals: Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. 4-5-11: ENFORCEMENT: A. Violation: 1. Any license issued under this chapter may be subject to enforcement action at the discretion of the City Council for violation of any of the following: a. Fraud, misrepresentation, or incorrect statements on the application form. b. Fraud, misrepresentation, or false statements made during the course of the license activity. c. Subsequent conviction of any offense for which granting of a license could have been denied under this chapter. d. Violation of any provision of this chapter or other provisions of the city code 2. A separate offense shall be deemed to have been committed upon each day during on or which a violation occurs or continues. B. Suspension and/or Revocation: 1. Notice: a. A licensee shall be given written notice sent via first class U.S. mail of a suspension or revocation action stating the charges against the licensee and the right to request a hearing to appeal the suspension or revocation. b. The notice shall provide the following information: (1) State the alleged violation(s). (2) Inform the licensee that the city council will consider suspending or revoking the license. (3) Identify the date, time, and location of the hearing. 2. Hearing: a. A hearing shall be scheduled within thirty (30) days from the date of the notice to 17 the licensee is issued. b. The hearing shall be conducted by the city council. c. The licensee shall be provided opportunity to refute the alleged violations, to plead for retention of the license, or to justify the actions for which the city is seeking to suspend or revoke the license, including the cross examination of witnesses that testify against the licensee and the right to produce witnesses on their behalf. d. The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to suspend or revoke a license as opf a specific date by adoption of a resolution based on a finding that a violation has occurred. e. The city clerk shall notify the applicant of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing via first class U.S. Mail. 3. Multiple Persons Under One License. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. 4. Appeal. Any person whose license is suspended or revoked following a hearing by the city council shall have the right to appeal that decision to Court of Appeals. C. Criminal Penalties: 1. Any person who fails to comply with any provision of this chapter shall be deemed to have committed a penal violation. 2. The penalty for violation of this chapter shall be a misdemeanor per Minnesota Statutes 412.231. D. Rights Reserved. The city reserves the right to all means of administrative, civil, and/or criminal enforcement for violations of the provisions of this chapter. Section 33. Section 4-6-4.A of the City Code (Business and License Regulations – Rental Housing; License Requirements) is hereby amended to read as follows: A. License Required: 1. No person, firm, or corporation shall operate a rental dwelling unit without first having obtained a license to do so from the City as provided in this chapter. 18 2. Single family, two-family, townhouse dwelling units where there is more than one (1) owner within a single building, and condominium multiple family dwelling units shall require a separate license for each dwelling unit. 3. Townhouse dwelling units owned by one (1) owner within one building and Mmultiple family dwellings shall require one license per principal building as defined by the zoning ordinance under single ownership. 4. State licensed boarding care homes, nursing homes, and, residential care facilities, including memory care, whether a principal use or as incorporated within a multiple family building shall be exempt from the requirements of this chapter. Section 34. Section 4-6-4 of the City Code (Business and License Regulations – Rental Housing; License Requirements) is hereby amended to include the following provisions with subsequent sections renumbered accordingly: E. Procedure: 1. The City Clerk shall determine if an application for a license under this chapter is complete within fifteen (15) days of receipt of the application and payment of the license fee; an application shall be determined to be complete only if all required information is provided. 2. If the City Clerk determines that an application is incomplete, they shall inform the applicant in writing of the information required to be provided to complete the application. 3. The City shall review the application and order any investigation, including background investigations, necessary to verify the information provided with the application. 4. The City Clerk shall either approve or deny the license within thirty (30) days after receipt of a complete application. 5. Denial of an application: a. The city clerk shall provide an applicant written notice sent via first class U.S. mail of a application for license having been denied stating the reasons for the action and the right of the applicant to request a hearing to appeal the decision. b. Upon receiving the notice of an application for license being denied, the applicant shall ten (10) days to request a hearing to appeal the decision. c. If requested by an applicant within the allowed timeframe, a hearing shall be scheduled within thirty (30) days from the date of the request. d. Hearing: 19 (1) The hearing shall be conducted by the city council. (2) The applicant shall be provided opportunity to refute the reasons for the application having been denied, to plead for issuance of the license, or to justify the actions for which the city denied the license, including the cross examination of witnesses that testify against the applicant and the right to produce witnesses on their behalf. (3) The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to deny or issue the requested license. (4) The city clerk shall notify the applicant via first class U.S. Mail of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing. e. Appeal. Any person whose license is denied following a hearing by the city council shall have the right to appeal that decision to Court of Appeals. Section 35. Section 4-6-12 of the City Code (Business and License Regulations – Rental Housing; Penalties and Violations) is hereby amended to read as follows: 4-6-12: PENALTIES AND VIOLATIONSENFORCEMENT: A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable as prescribed by State law. The City may elect alternative enforcement through civil penalties or through the City's administrative enforcement proceedings as authorized in title 1, chapter 5 of this Code. B. Every license issued under the provisions of this chapter is subject to suspension or revocation by the City should the licensed owner or the owner's duly authorized agent fail to operate or maintain a licensed dwelling or unit therein consistent with the provisions of the ordinances of the City and the laws of the State. The City shall appoint a person responsible for administration of this section who shall have the authority to investigate licensees and to suspend or revoke licenses. The procedures for appealing a revocation or suspension of a license shall follow the City's administrative enforcement proceedings as authorized by title 1, chapter 5 of this Code. A. Violation: 1. Any license issued under this chapter may be subject to enforcement action at the discretion of the City Council for violation of any of the following: a. Fraud, misrepresentation, or incorrect statements on the application form. b. Fraud, misrepresentation, or false statements made during the course of the license activity. 20 c. Subsequent conviction of any offense for which granting of a license could have been denied under this chapter. d. Violation of any provision of this chapter or other provisions of the city code 2. A separate offense shall be deemed to have been committed upon each day during on or which a violation occurs or continues. B. Suspension and/or Revocation: 1. Notice: a. A licensee shall be given written notice sent via first class U.S. mail of a suspension or revocation action stating the charges against the licensee and the right to request a hearing to appeal the suspension or revocation. b. The notice shall provide the following information: (1) State the alleged violation(s). (2) Inform the licensee that the city council will consider suspending or revoking the license. (3) Identify the date, time, and location of the hearing. 2. Hearing: a. A hearing shall be scheduled within thirty (30) days from the date of the notice to the licensee is issued. b. The hearing shall be conducted by the city council. c. The licensee shall be provided opportunity to refute the alleged violations, to plead for retention of the license, or to justify the actions for which the city is seeking to suspend or revoke the license, including the cross examination of witnesses that testify against the licensee and the right to produce witnesses on their behalf. d. The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to suspend or revoke a license as opf a specific date by adoption of a resolution based on a finding that a violation has occurred. e. The city clerk shall notify the applicant of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing via first class U.S. Mail. 21 3. Appeal. Any person whose license is suspended or revoked following a hearing by the city council shall have the right to appeal that decision to Court of Appeals. C. Criminal Penalties: 1. Any person who fails to comply with any provision of this chapter shall be deemed to have committed a penal violation. 2. The penalty for violation of this chapter shall be a misdemeanor per Minnesota Statutes 412.231. D. Rights Reserved. The city reserves the right to all means of administrative, civil, and/or criminal enforcement for violations of the provisions of this chapter. Section 36. Section 5-3-1 of the City Code (Health, Sanitation, and Environment – Solid Waste Collectors; Definitions) is hereby amended to add the following definitions: CITY CLERK: The Otsego city clerk appointed by the city council, or their designee. COMPOST or COMPOSTING: The controlled biological decomposition and management of selected solid waste to produce an innocuous, humus-like material, which can be used as a soil conditioner. COMPOSTABLE MATERIAL: Any material that is primarily organic and can be decomposed through biological activity. COMPOSTING FACILITY: A site or facility used to compost or co-compost solid waste including all structures or processing equipment used to control drainage, collect and treat leachate, and storage areas for the incoming waste, the final product, and residuals resulting from the composting process. DEMOLITION WASTE: Solid waste resulting from construction, remodeling, repair, erection and demolition of buildings, roads and other artificial structures, including: concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, plastic building parts, plumbing fixtures, roofing materials, wallboard, and built-in cabinetry. Demolition waste does not include: asbestos waste; auto glass; wood treated with chemical preservatives; furniture; lighting equipment; vermiculite; contaminated soil; firebrick; food waste; machinery; engine parts; liquid paints; paint thinners or solvents; varnishes; street sweepings; tar; carpet/padding if not affixed to a structure; mattresses; adhesives, caulking, sealants and applicators, brushes, containers, tubes, filters contaminated with these materials; sandblasting materials; agricultural chemicals or containers (including empty pesticide, herbicide, and insecticide containers); chemical containers; animal carcasses, parts, or rendering and slaughterhouse wastes; appliances (including white goods and brown goods); ashes or hot wastes that could spontaneously combust or ignite other wastes due to high temperatures; ash from incinerators, energy recovery facilities and power plants; batteries; carbon filters; fluorescent tubes and ballasts; high-intensity discharge lamps; foundry wastes; hazardous waste; household refuse or garbage; infectious waste; liquids (any type), liquid nonhazardous materials; medical waste; mercury containing wastes (thermostats, switches); PCB contaminated wastes; petroleum products and their containers or filters (including oil, grease or fuel); radioactive waste (unless natural materials at normal background levels); septage; sludges 22 (including ink, lime, wood, sewage or paper); live coal tar (including applicators, containers, and tubes); waste tires; vehicles; yard waste; and packaging materials, including cardboard, paper, shrink-wrap and styrofoam. A mixture of demolition waste with other solid waste is not demolition waste. HAULER: Any person in the business of the collection and transportation of solid waste. JUNK: Scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, ferrous material, nonferrous material, inoperable automobiles, farm and construction machinery and parts thereof. LICENSE: Authorization by the city to conduct business services that may be limited to a specific period of time, specific person, and/or a specific site in the city. LICENSEE: The landowner, owner, operator, or other person or persons given authority by the Department to establish, operate, and maintain a solid waste management activity, disposal site or facility. MOTOR VEHICLE: Every vehicle that is self-propelled including, but is not limited to, all-terrain vehicles, buses, motorcycles, passenger cars, recreational vehicles, semi-trucks, snowmobiles, boats and other watercraft, trucks, and vehicles used for racing or demolition derbies. NUISANCE: The creation of conditions or acts that unreasonably annoy, injure, or endanger the safety, health, comfort, or repose of any number of members of the public. SELF HAULER: A person who transports their own solid waste for solid waste management purposes. SHORELAND: Land located within the following distances from the ordinary high water elevation of public waters: 1,000 feet from ordinary high water level of a lake, pond, or flowage: and 300 feet of a river or stream whichever is greater. The limits of shorelands may be reduced whenever waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. SOLID WASTE COLLECTION: Gathering of solid waste from public and private places. SOLID WASTE HAULER: Any person or persons who collects or transports any solid waste; except, an individual resident hauling his or her own household waste is not a solid waste hauler. SOURCE SEPARATED COMPOSTABLE MATERIALS: Materials that: (1) are separated at the source by waste generators for the purpose of preparing them for use as Compost; (2) are collected separately from MSW; (3) are comprised of food wastes, fish and animal waste, plant materials, and paper that is not recyclable because the Department has determined that no other person is willing to accept the paper for recycling; and (4) are delivered to the Facility to undergo controlled microbial degradation to yield a humus-like product meeting the MPCA's class I or class II, or equivalent, compost standards and where process residues do not exceed 15 percent by weight of the total material delivered to the facility. SOURCE SEPARATED MATERIALS: Solid waste that generators separate from mixed municipal solid waste, solid waste that will be reused, used as substitutes for raw material in a manufacturing process, or converted into a usable soil amendment. 23 Section 37. Section 5-3-1 of the City Code (Health, Sanitation, and Environment – Solid Waste Collectors; Definitions) is hereby amended to revise the following definitions: OPERATOR: The person or persons responsible for the operation of the facility, Minnesota Rules, subparagraph 73 managing the day to day physical handling of solid waste at a particular site or facility. OWNER: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s), or other propertyAny person or persons having a legal interest in real or personal property or any persons in possession or control of real or personal property including, but not limited to, mortgages, contract for deed vendees, and contract for deed vendors. PERSON: Any individual or entityhuman being, municipality or other governmental or political subdivision or other public agency, public or private corporation, partnership, firm, association, organization, receiver, trustee, assignee, agent or other legal entity. RECYCLABLE MATERIAL: Any materials that are separated from mixed Municipal solid waste for the purpose of recycling; except, that refuse derived from fuel or other material destroyed by incineration is not a recyclable material, Minnesota Statutes section 115A.03, subdivision 25a materials that are separated from solid waste for the purpose of recycling including paper, glass, plastics, metals, wood, shingles, automobile oil and batteries. Section 38. Section 5-3-4.B of the City Code (Health, Sanitation, and Environment – Solid Waste Collectors; License Requirements) is hereby amended to read as follows: B. License Requirements: 1. License Required:; General Provisions: Collectors of any solid waste, including source separate recyclable materials and yard waste, that operate in the City shall obtain a City collector's license, and no collector shall operate within the City without such a license. The City collector's license is revocable upon violation of any part of this chapter or any conditions attached by the City to the license. Issuance of the license does not constitute endorsement of the collector nor does it indicate any intention on the City's part to be bound or held liable for any actions taken by the collector or the results of those actions. a. County License Required. Collectors of any solid waste within the city limits shall first have obtained the appropriate license from the county if the county issues a license for the activity. b. Collectors of any solid waste within the city limits shall obtain a city collector's license, and no collector shall operate within the city without such a license. c. Issuance of the license does not constitute endorsement of the collector nor does it indicate any intention on the city's part to be bound or held liable for any actions taken by the collector or the results of those actions. 24 2. Application For License: a. Applicants for city collector licenses shall make application to the city on forms provided by the city and through procedures prescribed by the City Council. b. Fees: (1) The solid waste collector shall pay all license fees with the license application and the license renewal application as required by section 3- 1-2 of this code (2) No license fee shall be prorated for a portion of a year and no license fee shall be refunded. c. Information Required: 1. A list of all vehicles, including satellite vehicles, to be used for solid waste collection and transportation, specifying make, model, and year for each vehicle; each vehicles rated capacity, tare weight, license plate number, state issued registration number, and the designated facility number, if applicable, exclusively issued for that specific vehicle. 2. The total number of commercial accounts in the city and the total number of residential accounts in the city. 3. The days of the week solid waste is collected. 4. Certificate(s) of insurance pursuant to Section 5-3-4.B.3 of this chapter. d. The city clerk shall determine if an application for a license under this chapter is complete within fifteen (15) days of receipt of the application and payment of the license fee; an application shall be determined to be complete only if all required information is provided. e. If the city clerk determines that an application is incomplete, they shall inform the applicant in writing of the information required to be provided to complete the application. f. Solid waste collector licenses shall be granted to any collector of solid waste upon presentation to the City Clerk of evidence that a current State of Minnesota and Wright County licenses have been obtained, and posting of a bond in the name of the city of Otsego, provision of certificates of insurance meeting the requirements of this chapter naming the city as an additional insured, and compliance with the provisions of this chapter and other applicable regulations of this code. g. Denial of an application: 25 (1) The city clerk shall provide an applicant written notice sent via first class U.S. mail of a application for license having been denied stating the reasons for the action and the right of the applicant to request a hearing to appeal the decision. (2) Upon receiving the notice of an application for license being denied, the applicant shall ten (10) days to request a hearing to appeal the decision. (3) If requested by an applicant within the allowed timeframe, a hearing shall be scheduled within thirty (30) days from the date of the request. (4) Hearing: (a) The hearing shall be conducted by the city council. (b) The applicant shall be provided opportunity to refute the reasons for the application having been denied, to plead for issuance of the license, or to justify the actions for which the city denied the license, including the cross examination of witnesses that testify against the applicant and the right to produce witnesses on their behalf. (c) The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to deny or issue the requested license. (d). The city clerk shall notify the applicant via first class U.S. mail of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing. (5) Appeal. Any person whose license is denied following a hearing by the city council shall have the right to appeal that decision to Court of Appeals. 3. Bond And Insurance Requirements: a. The amount of the required bond shall be set annually by resolution of the city council. The bond posted as a license requirement is intended to provide indemnification to the city in the event of a release of any waste that is related to the bonded collector's activities. The posting of this bond does not relieve the collector of any liability for the release of waste. In the event that the city is caused to respond, the bond will be forfeited to the extent of the city's response costs. If the response costs exceed the bond amount, the collector shall remain liable to the City for costs in excess of the bond amount. ba. Insurance:City Certificates. A solid waste collector license applicants shall furnish the City with certificates of insurance containing a thirty (30) day cancellation 26 notice issued by insurers duly licensed by the State of Minnesota. Insurance must include the following: obtain, maintain, and submit with the license application certificates of insurance issued by insurers duly licensed by the State of Minnesota providing the following coverage, or a self-insurance plan certified by the Department of Commerce providing equivalent coverage. (1) Commercial or business vehicle liability insurance, including nonowned and hired vehicles, with combined single liability limits not less than five hundred thousand dollars ($500,000.00) per occurrence. (2) Workers' compensation insurance in accordance with Minnesota Statutes section 176.182, and including employer's liability coverage with limits not less than one hundred thousand dollars ($100,000.00). b. Workers Compensation Insurance: (1) Worker’s compensation insurance shall be in compliance with all applicable State Statutes. (2) Such policy shall include Employer’s Liability Coverage in at least such amount(s) as are customarily issued in Minnesota and an All States or Universal Endorsement, if applicable. (3) In the event a licensee is a sole proprietor and has elected not to provide workers’ compensation insurance, the licensee shall be required to execute and submit to the city an affidavit of sole proprietorship in a form acceptable to the city. (2) General Liability: (a) Commercial general liability coverage, providing coverage on an “occurrence”, rather than on a “claims made” basis, which policy shall include, but shall not be limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), independent licensees, “XC&U” and products-completed operations liability (if applicable). (b) Such coverage may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage that is at least as broad; an Insurance Services Office “Comprehensive General Liability” policy that includes a “Broad Form Endorsement”, shall be considered to be an acceptable equivalent policy form. (c) The licensee shall maintain at all times during the period of the license a total combined general liability policy limit of at least $1,000,000 for each occurrence and $2,000,000 aggregate, 27 applying to liability for bodily injury, personal injury, and property damage, which total limit may be satisfied by the limit afforded under its “commercial general liability” policy, or equivalent policy, or by such policy in combination with the limits afforded by an “umbrella” or “Excess Liability” policy (or policies), provided, that the coverage afforded under any such “umbrella” or “excess liability” policy is at least as broad as that afforded by the underlying “commercial general liability policy (or equivalent underlying policy). (d) Such commercial general liability policy and “umbrella” or “excess liability” policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the “umbrella” or “excess liability” policy provides coverage from the point that such aggregate limits in the underlying comprehensive general liability policy become reduced or exhausted. c. Automobile Liability: (1) Business automobile liability insurance shall be obtained and shall cover liability for bodily injury and property damage arising out of ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by the licensee in connection with performance under a license issued in accordance with this section. (2) Such policy shall provide total liability limits for combined bodily and/or property damage in the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an “Umbrella” or “Excess Liability” policy(ies), provided, that the coverage afforded under any such “Umbrella” or “Excess Liability” policy(ies) shall be at least as broad with respect to such business automobile liability insurance as that afforded by the underlying policy. (3) Unless included within the scope of the licensee’s commercial general liability policy, such business automobile liability shall also include coverage for motor vehicle liability assumed under contract. d. Evidence: (1) A licensee shall provide the city with evidence that the insurance coverage required by this section is in full force and effect at least twenty (20) days prior to the granting of a license by the city. 28 (2) At least thirty (30) days prior to termination of any such coverage, licensee shall provide the city with evidence that such coverage will be renewed or replaced upon termination with insurance that compiles with these provisions. (3) Such evidence of insurance shall be in the form of a “certificate of insurance”, or in such other form as the city may reasonably request, and shall contain sufficient information to allow the Department to determine whether there is compliance with these provisions. (4) At the request of the city, the licensee shall, in addition to providing such evidence of insurance, promptly furnish the city with a complete (and if so requested, insurer-certified) copy of each insurance policy intended to provide coverage required by this section. (5) All insurance policies required by this section shall be endorsed to require that the insurer provide at least a sixty (60) day notice to the city prior to the effective date of policy cancellation, non-renewal, or material adverse change in coverage terms. (6) The licensee’s insurance agent shall certify on the certificate of insurance, that they have error and omissions coverage. e. Insurers Policies: (1) All policies of insurance required by this section shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers shall be acceptable to the city; such acceptance shall not be unreasonably withheld or delayed. (2) An insurer with a current A.M. Best Company rating of at least A: VII shall be conclusively deemed to be acceptable; in all other instances, the city shall have twenty (20) business days for the date of receipt of a licensee’s evidence of insurance to advise the licensee in writing of any insurer that is not acceptable to the city; if the city does not respond in writing within such twenty (20) day period, the licensee’s insurer(s) shall be deemed to be acceptable to the city. 4. License Fee: The annual City collector license fee shall be as set out in section 3-1-2 of this Code. 5. Issuance Or Denial Of License: City collector licenses shall be granted to any collector of solid waste upon presentation to the City Clerk of evidence that a current State of Minnesota and Wright County licenses have been obtained, evidence of adequate levels of insurance coverage and posting of a bond in the name of the City of Otsego. An applicant denied a license may have the decision reviewed by the City Council. The 29 applicant shall request such review in writing within ten (10) days after denial of the license. 64. Term Of License; Renewal: a. The City A solid waste collector's license shall be valid for one (1) year from the date of issuance unless revoked earlier and shall be renewable upon application in accordance with section 3-1-2 of this Code. b. Application for renewal of a solid waste collection license shall be processed in accordance with section 5-3-4.B.2 of this chapter. 7. Suspension Or Revocation Of License: The City Council may suspend or revoke the City license of any collector whose conduct is found to be in violation of this chapter. Suspension or revocation may also be based on other health, safety and welfare concerns arising out of the performance of any licensed collector. Revocation or suspension shall be preceded by a public hearing conducted in accordance with Minnesota Statutes sections 14.57 to 14.69. The City Council may appoint a hearing examiner or may conduct the hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, shall include notice of the time and place of the hearing, and shall state the nature of the charges against the collector. Notice shall be provided to the collector by mail. 85. No Vested Right: No solid waste collector holding a city solid waste collector license pursuant to this chapter shall acquire a vested right of any kind in that license. Tthe city may, upon finding that public necessity requires, determine at any time to establish other means of refusesolid waste collection. 96. Exemptions From License: The license requirements of this section shall not apply to persons who haul garbage, refuse, or recyclables from their own residence or business property. Provided the following conditions are met: a. Garbage and refuse is hauled in containers meeting the standards established in this chapter. b. Garbage and refuse is disposed of only at designated sanitary landfills or other facilities authorized by the County. c. Recyclables are disposed of only at a recycling facility, an organized recycling drive, or through licensed collectors. d. Yard waste is privately composted, or is disposed of at a composting facility authorized by the government agency or political subdivision with jurisdiction to do so. Section 39. Section 5-3-4.C of the City Code (Health, Sanitation, and Environment – Solid Waste 30 Collectors; License Requirements) is hereby amended to read as follows: C. Duty To Provide Service: 1. A licensed collector of mixed Municipal solid waste shall pick up all such waste which has been deposited for collection pursuant to this chapter and the contract between the collector and the generator. 2. Each collector shall have a telephone number listed in a telephone directory of general circulation in the city or on a webpage accessible to the public, and shall provide telephone answering service between the hours of nine o'clock (9:00) A.M. and four thirty o'clock (4:30) P.M. Monday through Friday, except on legal holidays. 3. 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 license collector and customer. 4. The licensed collector shall replace at its expense, containers which are damaged by the licensed collector's carelessness or the carelessness of licensed collector's employees or agents. 5. A licensed collector is prohibited from driving the collection vehicle upon the private driveways of residents unless written approval is first obtained from such resident. Section 40. Section 5-3-4 of the City Code (Health, Sanitation, and Environment – Solid Waste Collectors) is hereby amended to include the following provisions with subsequent sections renumbered accordingly: E. Reporting Required: 1. All licensed solid waste collectors shall keep records and report annually no later than January 15 of each year to the city information relating to the collection, processing, and disposal of solid waste and recyclable materials collected by the solid waste collector during the prior calendar year. 2. The annual report shall include the following information: a. The volume or weight, type(s) of solid waste collected, such as residential, yard, organic, commercial, industrial, construction, and demolition debris, or any other general type of solid waste or recycling. b. Number of residential and non-residential accounts. c. Total weight of solid waste collected by type documented by a state certified scale or other city approved documentation method. 31 d. Location(s) where solid waste was delivered, deposited, processed, or marketed and the total amount of waste delivered to each solid waste facility or other location. 2. In addition to the annual report required by this section, each licensed collector of recyclable materials shall submit a quarterly report to the City as required by section 5-3- 7.D of this chapter. Section 41. Section 5-3-6.B of the City Code (Health, Sanitation, and Environment – Yard Waste) is hereby amended to read as follows: B. Licensed Collector Required: Collectors of yard waste shall hold a valid city solid waste collector's license as provided for by section 5-3-4.B.2 of this chapter. Section 42. Section 5-3-7.A of the City Code (Health, Sanitation, and Environment – Recycling) is hereby amended to read as follows: A. Licensed Collector Required: Collectors of recyclable materials shall hold a valid city solid waste collector's license as provided for by section 5-3-4.B.2 of this chapter. Section 43. Section 5-3-8.B.3 of the City Code (Health, Sanitation, and Environment – Waste Disposal Facilities and Methods) is hereby repealed in its entirety: 3. Individual Waste Disposal Facilities: Where regular collection services are not available, mixed Municipal solid waste resulting from a single family's property is exempt from this chapter to the extent that it does not have any deleterious effect on the public health, environment, surface water or groundwater. This exemption shall be void if it is found that a deleterious effect has resulted or is resulting from the disposal, and upon such a finding, such waste shall come within all of the terms of this chapter. Proof of the lack of deleterious effect is the burden of the generator. Section 44. Section 5-3-8.B.4 of the City Code (Health, Sanitation, and Environment – Waste Disposal Facilities and Methods) is hereby repealed in its entirety: 4. Waiver: It is within the discretion of the City Council to waive the prohibition on waste disposal facilities on a site specific basis. This discretionary waiver of the prohibition shall be preceded by submission of facts and plans by the proposed operator and owner of the facility, a public hearing and issuance of a decision by the City Council. If allowed by the City Council, the facility must, at a minimum, conform to the rules promulgated by the agency for the type of waste facility allowed. a. Facts And Plans: Facts and plans shall contain the following materials, at a 32 minimum, and any other materials requested by the City Council: (1) Name of the site owner. (2) Name of the site operator. (3) Address of a contact person for the facility operation. (4) A telephone number for the contact person. (5) Location of the site. (6) An environmental impact statement or environmental assessment worksheet, as applicable, including, but not limited to, an assessment of the potential impact on surface and groundwater, the potential for litter, the potential for particulate air pollution, the potential for runoff, the potential for leachate formation and the potential for excessive or offensive odors. (7) A description of any processing of the waste. (8) The plan for acceptance and disposal of the waste. (9) The end product of the process and its planned disposition if the waste is processed. (10) A description of steps to be taken to abate, ameliorate or negate the potential environmental hazards. (11) Any preliminary information or indications from the agency or any other governmental or private organization relative to the potential hazards or problems with the site. b. Notice Of Hearing: Notice of the public hearing shall be given thirty (30) days prior to the hearing. Notice shall be published in a newspaper of general circulation in the City, and mailed notice shall be provided to landowners adjacent to the proposed site. The notice shall indicate the type of facility proposed, its location, the time and date of the public hearing and shall state the fact that the plans and facts relevant to the proposal are available for public review in the City offices. The facts and plans submitted by the operator shall be made available to the public during the notice period, during normal business hours, at the City offices. c. Public Hearing(s): Public hearing(s) shall be held by the City Council, and all interested parties who request time to present information shall be given such time. Time to present information shall be allotted at the discretion of the City Council but shall be reasonable and equitable in amount. Written comments and objections may be submitted for the City Council's information and review. 33 Records of the hearing shall be kept and such records shall consist of copies of all written materials and transcripts or recordings of the hearing(s). d. City Council Decision: The City Council shall render a decision within sixty (60) days of the final public hearing. A decision to allow the facility constitutes a conditional use permit, and the City Council may attach such conditions as it feels are appropriate to protect the public health, safety and welfare and the environment. A negative decision must be accompanied by the reasons for the decision. Any decision is appealable as allowed by law. Section 45. Section 5-3-8.B.4 of the City Code (Health, Sanitation, and Environment – Waste Disposal Facilities and Methods) is hereby repealed in its entirety: 4. Waiver: It is within the discretion of the City Council to waive the prohibition on waste disposal facilities on a site specific basis. This discretionary waiver of the prohibition shall be preceded by submission of facts and plans by the proposed operator and owner of the facility, a public hearing and issuance of a decision by the City Council. If allowed by the City Council, the facility must, at a minimum, conform to the rules promulgated by the agency for the type of waste facility allowed. a. Facts And Plans: Facts and plans shall contain the following materials, at a minimum, and any other materials requested by the City Council: (1) Name of the site owner. (2) Name of the site operator. (3) Address of a contact person for the facility operation. (4) A telephone number for the contact person. (5) Location of the site. (6) An environmental impact statement or environmental assessment worksheet, as applicable, including, but not limited to, an assessment of the potential impact on surface and groundwater, the potential for litter, the potential for particulate air pollution, the potential for runoff, the potential for leachate formation and the potential for excessive or offensive odors. (7) A description of any processing of the waste. (8) The plan for acceptance and disposal of the waste. (9) The end product of the process and its planned disposition if the waste is processed. 34 (10) A description of steps to be taken to abate, ameliorate or negate the potential environmental hazards. (11) Any preliminary information or indications from the agency or any other governmental or private organization relative to the potential hazards or problems with the site. b. Notice Of Hearing: Notice of the public hearing shall be given thirty (30) days prior to the hearing. Notice shall be published in a newspaper of general circulation in the City, and mailed notice shall be provided to landowners adjacent to the proposed site. The notice shall indicate the type of facility proposed, its location, the time and date of the public hearing and shall state the fact that the plans and facts relevant to the proposal are available for public review in the City offices. The facts and plans submitted by the operator shall be made available to the public during the notice period, during normal business hours, at the City offices. c. Public Hearing(s): Public hearing(s) shall be held by the City Council, and all interested parties who request time to present information shall be given such time. Time to present information shall be allotted at the discretion of the City Council but shall be reasonable and equitable in amount. Written comments and objections may be submitted for the City Council's information and review. Records of the hearing shall be kept and such records shall consist of copies of all written materials and transcripts or recordings of the hearing(s). d. City Council Decision: The City Council shall render a decision within sixty (60) days of the final public hearing. A decision to allow the facility constitutes a conditional use permit, and the City Council may attach such conditions as it feels are appropriate to protect the public health, safety and welfare and the environment. A negative decision must be accompanied by the reasons for the decision. Any decision is appealable as allowed by law. Section 46. Section 5-3-10 of the City Code (Health, Sanitation, and Environment – Violations and Penalties) is hereby amended to read as follows: 5-3-10: VIOLATIONS AND PENALTIESENFORCEMENT: A. Criminal Penalties: Any person who fails to comply with any provision of this chapter shall be deemed to have committed a penal violation. A separate offense shall be deemed committed upon each day during on or which a violation occurs or continues. The penalty for such violation shall be a misdemeanor per Minnesota Statutes section 412.231, or as later amended, plus the costs of prosecution. B. Injunctive Relief: In the event of a violation or a threatened violation of this chapter, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations or threatened violations. 35 A. Violation: 1. Any license issued under this chapter may be subject to enforcement action at the discretion of the City Council for violation of any of the following: a. Fraud, misrepresentation, or incorrect statements on the application form. b. Fraud, misrepresentation, or false statements made during the course of the license activity. c. Subsequent conviction of any offense for which granting of a license could have been denied under this chapter. d. Violation of any provision of this chapter or other provisions of the city code 2. A separate offense shall be deemed to have been committed upon each day during on or which a violation occurs or continues. B. Suspension and/or Revocation: 1. Notice: a. A licensee shall be given written notice sent via first class U.S. mail of a suspension or revocation action stating the charges against the licensee and the right to request a hearing to appeal the suspension or revocation. b. The notice shall provide the following information: (1) State the alleged violation(s). (2) Inform the licensee that the city council will consider suspending or revoking the license. (3) Identify the date, time, and location of the hearing. 2. Hearing: a. A hearing shall be scheduled within thirty (30) days from the date of the notice to the licensee is issued. b. The hearing shall be conducted by the city council. c. The licensee shall be provided opportunity to refute the alleged violations, to plead for retention of the license, or to justify the actions for which the city is seeking to suspend or revoke the license, including the cross examination of witnesses that testify against the licensee and the right to produce witnesses on 36 their behalf. d. The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to suspend or revoke a license as of a specific date by adoption of a resolution based on a finding that a violation has occurred. e. The city clerk shall notify the applicant of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing via first class U.S. Mail. 3. Appeal. Any person whose license is suspended or revoked following a hearing by the city council shall have the right to appeal that decision to Court of Appeals. C. Criminal Penalties: 1. Any person who fails to comply with any provision of this chapter shall be deemed to have committed a penal violation. 2. The penalty for violation of this chapter shall be a misdemeanor per Minnesota Statutes 412.231. D. Rights Reserved. The city reserves the right to all means of administrative, civil, and/or criminal enforcement for violations of the provisions of this chapter. Section 47. This Ordinance shall become effective immediately upon its passage and publication. (Remainder of this page intentionally left blank) 37 ADOPTED by the Otsego City Council this 24th day of January, 2024. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 1 SUMMARY OF ORDINANCE NO.: 2024-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING THE FEE SCHEDULE; SOLID WASTE; ALCOHOL LICENSING; PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS; AND RENTAL HOUSING NOTICE IS HEREBY GIVEN that on June 24, 2024, Ordinance 2024-07 was adopted by the City Council of the City of Otsego, Minnesota. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code pertaining to the fee schedule; solid waste; alcohol licensing; peddlers, solicitors, and transient merchants; and rental housing. ADOPTED by the Otsego City Council this 24th day of June, 2024. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.