2018.10.02 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Sept. 28, 2018
City Council Meeting Schedule
October 2, 2018
Time Type of meeting Location
6:30 p.m.
City Council work session to discuss:
• Chapter 20 of the City Code.
• Constituent issues update.
• New business.
• Announcements.
Conference Room A
7 p.m. City Council meeting Council Chambers
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at
(763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Sept. 28, 2018
City Council
Work Session Agenda
Oct. 2, 2018
6:30 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the work session of the Crystal City Council was held at ______ p.m. on Oct. 2, 2018 in Conference
Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Dahl ____ Therres
____ Deshler ____ Gilchrist
____ Kolb ____ Revering
____ LaRoche
____ Parsons
____ Adams
____ Budziszewski
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Chapter 20 of the City Code.
2. Constituent issues update.
3. New business.*
4. Announcements.*
* Denotes no supporting information included in the packet.
III. Adjournment
The work session adjourned at ______ p.m.
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-
1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
538250v1 TJG CR225-423
Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: September 27, 2018 (October 2, 2018 Worksession)
Re: Draft Chapter 20 (Misdemeanors)
The City Council is being asked to review and give direction at its October 2, 2018 worksession on
the draft amendments to Chapter 20 regarding general misdemeanor prohibitions. This chapter
contains a mix of general welfare prohibitions that are punishable (like all code violations) as a
misdemeanor, including: disorderly conduct; resisting officers; loitering; liquor in parks and other
public places; trespass; nuisances; conduct around schools; shade tree disease controls; and graffiti.
The amendment was prepared as a delete-all amendment, but I have included a redline showing all of
the changes made to produce the current draft. You will see that some provisions were removed and
it may be possible to remove the disorderly conduct provisions as well since they are addressed in
state law. The abatement procedure was also amended to create a standard process that better reflects
current law. After this work session I plan to present the draft, with any additional changes directed
by the Council, to the City’s new prosecutor to make sure the changes will not cause any issues in his
office and to discuss same with the police chief.
As always, I will be happy to answer any questions and to make any revisions or further amendments
to this chapter as directed by the City Council.
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CITY OF CRYSTAL
ORDINANCE #2018-____
AN ORDINANCE REPLACING
CHAPTER XX OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter XX of the Crystal City Code is hereby deleted in its entirety and replaced
with the following:
CHAPTER XX
MISDEMEANORS
Section 2000 - General provisions; stateprohibited conduct
law adopted by reference
2000.01.Conduct prohibited. It is unlawful to engage in an act or in the behavior prohibited by
this chapter. Violation of a provision of this chapter is a misdemeanor and may be punished as
provided in section 115 of this code.
2000.03.Provisions of criminal code adopted by reference. The provisions of Minnesota Statutes,
Chapter 609, as amended, the provisions of Minnesota Statutes, Chapter 624, as amended, and any
provision of the Crystal City Code which is punishable as a misdemeanor, are hereby adopted by
reference and are as much a part of this code as if fully set forth herein. (Amended, Ord. No.
2010-08, Sec. 1)
2000.05. A violation of the statutes adopted by reference herein is a violation of this code.
2000.07.Liability for crimes of another. Subdivision 1.Aiding, abetting; liability. A person is
criminally liable for a crime established by subsection 2000.05 committed by another if the person
intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to
commit the crime.
Subd. 2.Expansive liability. A person liable under subdivision 1 is also criminally liable
for a crime established by subsection 2000.05 committed in pursuance of the intended crime if
reasonably foreseeable by the person as a probable consequence of committing or attempting to
commit the crime intended.
Subd. 3.Abandonment of criminal purpose. A person who intentionally aids, advises,
hires, counsels, or conspires with or otherwise procures another to commit a crime established by
subsection 2000.05, and thereafter abandons that purpose and makes a reasonable effort to prevent
the commission of the crime prior to its commission is not liable if the crime is thereafter
committed.
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Subd. 4.Circumstances of conviction. A person liable under this subsection may be
charged with and convicted of a crime established by subsection 2000.05 although the person who
directly committed it has not been convicted, or has been convicted of some other degree of the
crime or of some other crime based on the same act, or if the person is a juvenile who has not been
found delinquent for the act. 2005.01.Disorderly conduct. The following acts are disorderly
conduct:
a)Lurking, lying in wait, or concealment in a building, yard or street in the city(a)
with intent to commit a crime or misdemeanor therein;
b)WilfullyWillfully disturbing a meeting not unlawful in its character, or the(b)
peace and quiet of a family or neighborhood;
c)WilfullyWillfully and lewdly exposing one's person or one's private parts, or(c)
procuring another to so expose oneself, open and gross lewdness or lascivious
behavior, or an act of public indecency;
d)Using profane, vulgar or indecent language in or about a public building,(d)
store, place of public entertainment, or place of business, or on streets, alleys or
sidewalks of the city so as to be audible and offensive;
e)Appearing upon a public street or other public place in an intoxicated(e)
condition or drinking intoxicating liquor on a street or a vehicle on a public street;
f)Unlawfully striking or in an unlawful manner offering to or doing bodily(f)
harm to another person or unlawfully making an attempt to apply any degree of force
or violence to the person of another, or in a violent, rude, angry or insolent manner
touch or lay hands upon the person of another; or
g)WilfullyWillfully making a false report to a police officer in the(g)
performance of the officer's duties.
2005.03.2000.05.Resisting a public officer. It is unlawful to wilfullywillfully resist, delay, or
obstruct a public officer in discharging or attempting to discharge a duty of the officer'’s office.duty.
2005.05.2000.07.False statements. It is unlawful to make a false statement in an application for a
permit or license from the city.
2005.07.2000.09.Swimming in Twin Lakes. It is unlawful to swim or bathe in Twin Lakes or in a
creek or pond within the limits of the city between the hours of 10:00 p.m. and 6:00 a.m.
2005.09.2000.11. Loitering. Subdivision
Subd. 1.Prohibited. It is unlawful to loiter, loaf, wander, stand or remain idle either alone
or in consort with others in a public place in such manner as to:
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a)Obstruct any public street, public highway, public sidewalk or any other(a)
public place or any building generally open to public patronage, by hindering or
impeding or tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians; or
b)Commit in or upon any public street, public highway, public sidewalk or any(b)
other public place or any building generally open to public patronage, any act or thing
which is an obstruction or interference to the free and uninterrupted use of property or
with any business lawfully conducted by any one in or upon or facing or fronting on
any such public street, public sidewalk or any other public place or building, all of
which prevents the free and uninterrupted ingress, egress, and regress therein, thereon
and thereto.
Subd. 2.Police order. If a person causes or commits a condition enumerated in subdivision
1,1 of this subsection, a police officer or any law enforcement officer may order that person to stop
causing or committing such conditions and to move on or disperse. A person who fails or refuses
to obey such orders is guilty of a violation of this section.
2005.11.2000.13.Fire alarm system and false alarms. It is unlawful to tamper with or in any way
interfere with any element of any fire alarm sys tem within the city. It is unlawful to give, or cause
to be given, any alarm of fire or other emergency condition when no fire or emergency condition
exists.
2005.13.2000.15.Obstruction of fire hydrants. It is unlawful to park a vehicle in such a way as to
obstruct a fire hydrant. The stopping or parking of a vehicle within ten10 feet of a fire hydrant is an
obstruction of the hydrant and a violation of this subsection.
2005.15.2000.17.Liquor and beer in parks. It is unlawful to bring into, possess, barter, give away
or consume any intoxicating liquor or non-intoxicating malt beverages in any public park or any
vehicle parking area immediately adjoining such park; provided, however, that this prohibition does
not apply to any special permit issued by the city council under the provisions of subsection
1215.15 of this code relating to non-intoxicating malt liquor.premises included in a valid on-sale
license issued pursuant to Crystal city code, subsection 1200.47.
2005.17.2000.19.Liquor and beer in public places.Subdivision 1.Public ways.It is unlawful to
consume, barter, or give intoxicating beverages or malt beverages in or upon a public street,
avenue, boulevard, alley or other, public way or parking lot open to the public, whether in a vehicle
or not, in the city.
Subd. 2.Parking areas. It is unlawful to consume, barter or give any intoxicating beverages
or non-intoxicating malt beverages in or upon a parking area open to the public whether in a vehicle
or not.
2005.19.2000.21. Trespass; notice. Subdivision
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Subd. 1. Remaining on property. On premises privately owned but open to the use of the
general public, it is unlawful to remain on the premises after having been requested to leave by the
owner of the premises, an authorized representative of the owner, or any other person or entity
entitled to possession of the premises.
Subd. 2.Two year rule. On any property privately owned but open to the use of the general
public, it is unlawful to return to the property after receipt of a written notice of trespass from the
owner, an authorized representative of the owner, or any person or entity entitled to possession of
the property, or law enforcement official, which notice prohibits the person from returning to the
property. This prohibition is effective for two years from the date the written notice was served.
Subd. 3.Notice. The written notice under subdivision 2 of this subsection must be
personally served upon the party prohibited from entering the property. An affidavit of service
must be executed at the time of service. A prosecution may not be maintained under subdivision 2
of this subsection unless the property owner or other complaining party can produce a copy of the
notice of trespass and a signed affidavit of its service.
2000.23. Interference with inspection.It is unlawful to intentionally prevent, delay or interfere
with any city inspector while said inspector is engaged in the performance of any duties imposed by
this code.
Section 20102005 - Nuisances
2010.01.2005.01. Nuisances. Subdivision
Subd. 1.DefinedActs constituting. The following acts are declared a public nuisance and
are unlawful:
a)Engaging in a business or activity that is dangerous, hurtful, unwholesome,(a)
offensive or unhealthy to the neighborhood, or that constitutes an annoyance to the
persons in the neighborhood, or is detrimental to the property in the neighborhood;
b)Permitting, suffering or maintaining, or failing to remove offensive,(b)
nauseous, hurtful, dangerous, unhealthy conditions resulting from a failure to properly
dispose of garbage, sewage, waste, debris or any other unwholesome or offensive
substance, liquid or thing, upon one's premises, or to drop, discharge, pass, deposit or
otherwise deliver the same upon the premises of another or public property;
c)Constructing, maintaining, permitting or allowing upon one's property any(c)
billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast,
display, issue or circulate insulting, profane or abusive emblem, sign, or device, or
blasphemous written or printed statement, calculated or such as is likely to cause a
breach of the peace; or
d)Displaying, circulating, issuing or publishing slanderous or obscene,(d)
immoral, or lewd pictures, posters, literature, writings, drawings or oral statements.
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Subd. 2.Abatement. A nuisance defined herein may be abated after 48 hours notice to
remove the same by any officer of the city. The notice describing the property upon which the
nuisance is situated and the nature of the nuisance to be abated must be given to the owner or
occupant of the property. If the notice cannot be delivered to the owner or occupant of the property
the notice must be published in a local newspaper, and must state that the nuisance must be abated
within a designated time of not less than 60 hours from the time of publication.
Procedure. Whenever a designated city official determines that a public nuisance is(a)
being maintained or exists on a property in the city, the official shall notify in writing
the owner of record or occupant of the property of such fact and order that the
nuisance be terminated or abated within a reasonable time period. The notice of
violation shall specify the steps to be taken to abate the nuisance and the time within
which the nuisance is to be abated. If the notice of violation is not complied with
within the time specified, the official shall report that fact forthwith to the city council.
Thereafter, the city council may, after notice to the owner or occupant and an
opportunity to be heard, determine that the condition identified in the notice of
violation is a nuisance and further order that if the nuisance is not abated within the
time prescribed by the city council, the nuisance be abated by the city.
Notice. Written notice of the violation; notice of the time, date, place, and subject of(b)
any hearing before the city council; and notice of the city council order shall be served
by a peace officer or designated official on the owner of record or occupant of the
property either in person or by certified or registered mail. If the property is not
occupied, the owner of record is unknown, or if the owner of record or occupant
refuses to accept notice, notice of the violation shall be served by posting it on the
property.
Emergency procedure; summary enforcement. In cases of emergency, where delay in(c)
abatement required to complete the procedure and notice requirements as set forth in
paragraphs (a) and (b) of this subdivision will permit a continuing nuisance to
unreasonably endanger public health, safety, or welfare, the city council may order
summary enforcement and abatement of the nuisance. To proceed with summary
enforcement, the designated official shall determine that a public nuisance exists or is
being maintained on property in the city and that delay in abatement will unreasonably
endanger public health, safety, or welfare. The designated official shall notify in
writing the occupant or owner of the property of the nature of the nuisance, and that
public health, safety, or welfare will be unreasonably endangered by a delay in
abatement required to complete the procedure set forth in paragraph (a) of this section
and may order that the nuisance be immediately terminated or abated. If the nuisance
is not immediately terminated or abated, the city council may order summary
enforcement and abatement of the nuisance.
Immediate abatement. Nothing in this section shall prevent the city, without notice or(d)
other process, from immediately abating any condition that poses an imminent and
serious hazard to human life or safety.
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Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial(e)
remedy in lieu of an administrative remedy.
Personal liability. The owner of the property on which a nuisance has been abated by(f)
the city, or a person who has caused a public nuisance on the property not owned by
that person, shall be personally liable for the cost to the city of the abatement,
including administrative costs. As soon as the work has been completed and the cost
determined, the city clerk or other city official shall prepare a bill for the cost and mail
it to the owner. Thereupon the amount shall be immediately due and payable at the
office of the city clerk.
Assessment. After notice and hearing as provided in Minn. Stat. 429.061, as it may be(g)
amended from time to time, if the nuisance is a public health or safety hazard on
private property, the city clerk shall, on or before September 1 next following
abatement of the nuisance, list the total unpaid charges along with all other such
charges as well as other charges for current services to be assessed under Minn. Stat.
429.101 against each separate lot or parcel to which the charges are attributable. The
city council may then spread the charges against the property under that statute and
any other pertinent statutes for certification to the county auditor and collection along
with current taxes the following year or in annual installments, not exceeding 10, as
the city council may determine in each case.
Subd. 3.Penalty. Violation of this sectionsubsection is a misdemeanor. The imposition of
one penalty for any violation of this section does not excuse the violation, or permit it to continue.
Each ten daysday that prohibited conditions are maintained constitutes a separate offense.
2010.03.2005.03.Noise in residential areas. It is unlawful to congregate because of or participate
in a party or gathering of people from which noise emanates of a sufficient volume so as to disturb
the peace, quiet or repose of persons residing in any residential area. It is unlawful to visit or
remain within any residential dwelling unit wherein such party or gathering is taking place except
for persons who have gone there for the sole purpose of abating the disturbance. (Amended, Ord.
No. 97-8, Sec. 3)
2010.05. It is unlawful to do the following:
a)keep a disorderly house or place of public resort in such a manner that the peace,
comfort or decency of a neighborhood is habitually disturbed;
b)being the owner or in control of the premises, to intentionally permit them to be so
used; or
c)keep, permit or be present in a disorderly house or place of public resort kept for
illegal purposes, including, but not limited to, prostitution, illegal gambling, illegal
sale or consumption of intoxicating beer or illegal sale or use of controlled
substances. (Added, Ord. No. 97-8, Sec. 2)
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Section 20152010 - Conduct in or around school buildings
2015.01.2010.01.Defacement of school property. It is unlawful to mark with ink, paint, chalk, or
other substance, or post hand bills on, or in any other manner deface or injure any public or private
school building or structures used or usable for school purposes within the city, or mark, deface or
injure fences, trees, lawns or fixtures appurtenant to or located on the site of such buildings, or post
hand bills on such fences, trees or fixtures or place a sign anywhere on any such site.
2015.03.Breach of peace on, or adjacent to school grounds. It is unlawful to wilfully or
maliciously make or assist in making on any school grounds adjacent to any school building or
structure any noise, disturbance or improper diversion or activity by which peace, quiet and good
order is disturbed.
2015.05.Offensive language and conduct. It is unlawful to use offensive, obscene or abusive
language or engage in boisterous or noisy conduct tending reasonably to arouse alarm, anger or
resentment in others on school grounds or in buildings or structures.
2015.07.2010.03.Improper conduct while school in session. It is unlawful to, in any school room
or in any building or on the grounds adjacent to the same,willfully or maliciously disturb or
interrupt the peace and good order of the school while in session. A person not in immediate
attendance in the school and being in such building or upon the premises belonging thereto who
conducts or behaves improperly, or who upon the request of a teacher of such school or the person
in charge thereof to leave said building or premises, neglects or refuses so to do, is in violation of
this section. It is unlawful to loiter on school grounds or in school buildings or structures.
Section 20202015 - Nuisances; shade tree disease control
2020.01.Declaration of policy2015.01. Purpose. The city council has determined that the health
of the shade trees within the city limits is threatened by shade tree diseases. It has further
determined that the loss of shade trees growing upon public and private property would
substantially depreciate the value of property within the city and impair the safety, good order,
general welfare and convenience of the public.It is the intention of the councilIn addition to and in
accordance with Minnesota Statutes, sections 89.51-.64, the provisions of this section are adopted
as an effort to control and prevent the spread of these diseases, and this section is enacted for that
purpose, and to conform to the policies and procedures embodied in Minnesota Statutes, section
18.023, section 66 and rules promulgated thereundershade tree pests.
2020.03.2015.03.Definitions.Subdivision 1. The terms defined inFor the purposes of this section
the following terms that have the meaningsmeaning given them in this subsection.
Subd. 2.1. Shade tree. "Shade tree" means an oak or elm tree situated in the city of Crystal.
Subd.3.2. Shade tree disease. "Shade tree disease" means Dutch elm disease caused by
ceratocystis ulmi, or oak wilt disease caused by ceratocystis fagaceorum.
Subd.4.3. Commissioner. "Commissioner" means the commissioner of the state
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department of agriculture.
Subd.5.4. Tree inspector. "Tree inspector" or "inspector" means a person having the
necessary qualifications to conduct a shade tree program and who is so certified by the
commissioner.
Subd. 6.5. "Disease control area. "Disease control area" means the city of Crystal.
Subd.7.6."Shade tree control program; program."Shade tree control program" or
"program" means a program developed by the city to combat shade tree disease in accordance with
rules promulgated by the commissioner.
2020.05.2015.05. Tree inspector. Subdivision
Subd. 1.Position created. The powers and duties of the city tree inspector as set forth in
this section are hereby conferred upon the city manager. The manager may designate a member of
the administrative staff to perform the duties of tree inspector.
Subd. 2.Duties of tree inspector. It is the duty of the tree inspector to coordinate, under the
direction and control of the council, all activities of the city relating to the control and prevention of
shade tree disease. The inspector must recommend to the council the details of a program for the
control of shade tree disease, and perform the duties incident to such a program adopted by the
council.
2020.07.2015.07.Shade tree disease program. It is the intention of the city council to conduct a
program of shade tree control pursuant to the authority granted by Minnesota Statutes, section
18.023.. This program is directed specifically at the control and elimination of shade tree diseases
and is undertaken at the recommendation of the commissioner of agriculture, and in conformance
with rules promulgated by the commissioner. The city tree inspector acts as coordinator between
the commissioner of agriculture and the council in the conduct of this program.
2020.09.2015.09. Shade tree diseases. Subdivision
Subd. 1.Nuisances declared. The following things are public nuisances whenever they
may be found within the city:
a)Any living or standing elm tree or part thereof infected to any degree with(a)
the Dutch elm disease fungus ceratocystis ulmi (buisman) moreau or which harbors
any of the elm bark beetles scolytus multistriatus (eichh.) or hyl uigopinus rufipes
(marsh).;
b)Any dead elm tree or part thereof, including legs, branches, stumps,(b)
firewood or other elm material from which the bark has not been removed and burned
or sprayed with an effective elm bark beetle insecticide.; or
c)Any living or standing northern red oak, northern pine oak, black oak or(c)
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scarlet oak, or part thereof infected to any degree with oak wilt disease.
Subd. 2.AbatementViolation. It is unlawful for any person to permit any public nuisance
as defined in subdivision 1 to remain on premises owned or controlled by that person within the
city. Such nuisances may be abated in the manner prescribed by this section.
2020.11.2015.11. Inspection and investigation. Subdivision
Subd. 1.Annual inspection. The tree inspector mustmay inspect all premises and places
within the city as often as practicable to determine whether any condition described in Crystal city
code,subsection 2020.092015.09 exists thereon. The inspector must investigate all reported
incidents of infestation by Dutch elm fungus, elm bark beetles or oak wilt.
Subd. 2.Entry on private premises. The tree inspector may enter upon private premises at
any reasonable time for the purpose of carrying out any of the duties of the inspector under this
section. Such inspections mustshall be preceded by two days' written notice to the owner of said
private property, unless such notice is waived in writing by the owner.
Subd. 3.Diagnosis. The tree inspector must, upon finding conditions indicating shade tree
disease infestation, immediately send appropriate specimens or samples to the commissioner of
agriculture for analysis, or take such other steps for diagnosis as may be provided by the
commissioner by rule. Except as provided in Crystal city code,subsection 2020.132015.13 no
action to remove infected trees or wood must be taken until positive diagnosis of the disease has
been made.
2020.13.2015.13.Abatement of shade tree disease nuisances. In abating the nuisances defined in
this section, the tree inspector must cause the infected tree or wood to be sprayed, removed, burned,
or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of
disease. Such abatement procedures must be carried out in accordance with current technical and
expert opinions and procedures as may be established by the commissioner of agriculture.
2020.15.2015.15. Procedure for removal of infected trees and wood. Subdivision
Subd. 1.Findings. Whenever the tree inspector finds with reasonable certainty that the
infestation defined in Crystal city code,subsection 2020.072015.09 exists in any tree or wood in
any public or private place in the city, the inspector must proceed as follows:a)shall make a
written report with findings and may abate the nuisance pursuant to Crystal city code, subsection
2005.01, subdivision 2.If the inspector finds that the danger of infestation of other trees is not
imminent because of dormancy, the inspector must make a written report of his findings to the
council which must proceed by (i) abating the nuisance as a public improvement under Minnesota
Statutes, chapter 429, or (ii) abating the nuisance as provided in subdivision 2 of this subsection.
b)If the inspector finds that danger of infestation of other trees is imminent, the
inspector must, the inspector may notify the abutting property owner by certified mail that the
nuisance will be abated within a specified time, not less than five days from the date of mailing of
such notice.The inspector must immediately report such action to the council, and afterAfter the
expiration of the time limited byprovided in the notice, the inspector may abate the nuisance
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without further council approval.
Subd. 2.Notice; hearing. Upon receipt of the inspector's report required by Subdivision 1
a), the council may by resolution order the nuisance abated. Before action is taken on such
resolution, the council must publish notice of its intention to meet to consider taking action to abate
the nuisance. The notice must be mailed to affected property owners and published once no less
than one week prior to such meeting. The notice must state the time and place of the meeting, the
streets affected, action proposed, and the estimated cost of the abatement, and the proposed basis of
assessment, if any, of costs. At such hearing or adjournment thereof, the council must hear property
owners with reference to the scope and desirability of the proposed project. The council may
thereafter adopt a resolution confirming the original resolution with such modification as it
considers desirable and provide for the doing of the work by day labor or by contract. Subd. 3.
Records Records; assessment. The inspector must keep a record of the costs of abatements ordered
under this subsection and report monthly to the city clerk work done for which assessments are to
be made stating and certifying the description of the land, lots, parcels involved and the amount
chargeable to each.Subd. 4.Assessment. On or before September 1 of each year, the clerk
must list the total unpaid charges for each abatement against each separate lot or parcel to which
they are attributable under this section. The council may then spread the charges or any portion
thereof against the property involved as a special assessment under Minnesota Statutes, section
429.101 and other pertinent statutes for certification to the county auditor and collection the
following year along with current taxes. The city may assess the property for said costs pursuant to
Crystal city code, subsection 2005.01, subdivision 2(g).
2020.17.Tree inspector; program. The tree inspector must conduct the shade tree disease control
program in accordance with the rules and regulations of the commissioner embodied in AGR
101-120 "shade tree disease control" and subsequent amendments thereto.
2020.19.2015.17.Transporting elm wood prohibited.Subdivision 1.It is unlawful to transport
within the city any bark-bearing elm wood without having obtained a permit from the tree
inspector. The inspector will grant such permits only when the purposes of this section will be
served thereby.
2020.21.Interference prohibited. It is unlawful to prevent, delay or interfere with the inspector
while engaged in the performance of the duties imposed by this section.
Section 20252020 – Graffiti
2025.01.2020.01.Declaration of nuisance. To prevent the spread of graffiti vandalism, address
the impacts of graffiti on the owners of private and public property, and avoid the lasting
negative effects of graffiti on the affected properties and the community, the city council hereby
declares graffiti a public nuisance and provides a program for its removal.
2025.03.2020.03.Definitions. For the purposes of this section, the following terms shall have
the meaning given them in this subsection.
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a)Subd. 1. Graffiti.“Graffiti” means any unauthorized inscription, word, figure,
painting, sym bol, or other defacement that is written, marked, etched, scratched, sprayed, drawn,
painted, or engraved on or otherwise affixed to any surface of public or private property by any
graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or
occupant of the property, or, despite advance authorization, is otherwise deemed a public
nuisance by the city council.
b)Subd. 2. Graffiti implement.“Graffiti implement” means an aerosol paint container, a
broad-tipped marker, paint stick or graffiti stick, etching equipment, brush or any other device
capable of scarring or leaving a visible mark on any natural or human-made surface.
c)Subd. 3. Person.“Person” means any individual, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
2025.05.2020.05. Prohibited Acts. Subdivision
Subd. 1.Defacement. It is unlawful for any person to apply graffiti to any natural or
human-made surface on any publicly owned property or, without the permission of the owner or
occupant, on any privately owned property.
Subd. 2.Possession of graffiti implements. Unless otherwise authorized by the owner or
occupant, it is unlawful for any person to possess any graffiti implement while:
a)Within 200 feet of any graffiti located in or on a public facility, park,(a)
playground, swimming pool, recreational facility, bridge, or other public building or
structure owned or operated by a governmental agency;
b)Within 200 feet of any graffiti located in any public place or on private(b)
property, between the hours of 10:00 p.m. and 5:00 a.m.; or
c)In violation of (a) or (b), above, and with intent to affix graffiti to any(c)
surface.
Subd. 3.Minors at or near school facilities. It is unlawful for any person under the age of
18 years to possess any graffiti implement while on any school property, grounds, facilities,
buildings, or structures, or in areas immediately adjacent to those specific locations upon public
property, or upon private property without the prior written consent of the owner or occupant of
such private property. It is an affirmative defense and the provisions of this subsection do not
apply to the possession of a graffiti implement by a minor attending or traveling to or from a
school at which the minor is enrolled if the minor can reasonably establish that such implement is
used as part of a class the minor is enrolled in at the school.
2025.072020.07 Removal. Subdivision
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Subd. 1.By perpetrator. The city may require any person applying graffiti on public or
private property to either remove or pay for all costs for removal of the graffiti within 24 hours
after notice by the city or property owner. The removal must be performed in a manner
prescribed by the city, with materials and colors compatible with existing surfaces, and to a
comparable or improved condition before the graffiti application as determined by the city.
Where graffiti is applied by a person under 18 years old, the parents or legal guardian will also be
responsible for such removal or for payment for the costs of removal. Failure of any person to
remove graffiti or pay for the removal will constitute an additional violation of this section.
Subd. 2.By property owner or city. In lieu of the procedure set forth in subdivision 1, the
city may order that the graffiti be removed by the property owner or any person who may be in
possession or who has the right to possess such property, pursuant to the nuisance abatement
procedure herein. Graffiti removal and corrections must be performed with materials and colors
compatible with existing surfaces as determined by the city. If the property owner or responsible
party fails to remove the graffiti in compliance with the provisions of this section and within the
time specified by the city, the city may commence abatement and cost recovery proceedings for
the graffiti removal in accordance with this section.
Subd. 3.Right of entry on private property. Prior to entering upon private property or
property owned by a public entity other than the city for the purpose of graffiti removal, the city
must attempt to secure the consent of the property owner or responsible party and a release of the
city from liability for property damage or personal injury. If the responsible party fails to remove
the graffiti in compliance with the provisions of this section and within the time specified by this
section, or if the city has requested consent to remove or paint over the graffiti and the property
owner or responsible party has refused consent for entry on terms acceptable to the city and
consistent with the terms of this section, the city will commence abatement and cost recovery
proceedings for the graffiti removal according to the provisions specified below.in Crystal, city
code subsection 2020.09.
Subd. 4.General Duty. It is the duty of both the owner of the property to which the
graffiti has been applied and any person who may be in possession or who has the right to
possess such property to at all times keep the property clear of graffiti. If a property is subject to
three or more occurrences of graffiti within a year, application of anti-graffiti material of a type
and nature that is acceptable to the city may be required for each of the publicly viewable
surfaces after notification by the city, or imposed during improvements or construction activities
to the site as determined by the city.
2025.09.2020.09.Abatement procedure.Subdivision 1.Abatement by city.If the owner,
occupant, or other responsible party does not comply with the notice within the time
specifiedcity’s removal requirements, the city may abate the public nuisance. pursuant to the
procedure contained in Crystal city code, subsection 2005.01, subdivision 2.
Subd. 2.Notice and hearing. The following notification must be provided prior to city
abatement of the public nuisance. Whenever it is determined that a public nuisance is being
maintained or exists on a property, the city manager or authorized designee must give ten day’s
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written notice through service by mail, by posting a notice on the property, or by personal
delivery to the owner of or person in control of the property on which the graffiti is located. If
the property is occupied, service upon the occupant is deemed service upon the owner. If the
property is unoccupied or abandoned, service may be by mail to the last known owner of record
of the property and upon all lienholders of record if so required by state law. The notice may also
be posted on the property. The notice must state:
a)A description of the public nuisance;
b)That the public nuisance must be corrected within ten days of the service of the
notice;
c)That if the public nuisance is not properly removed or corrected as ordered, the public
nuisance will be abated by the city and the costs of abatement will be specially
assessed to the property taxes imposed on the property; and
d)That the owner of or person in control of the property on which the public nuisance is
located may in writing request a hearing before the city manager or authorized
designee.
Subd. 3.Hearing, action. If a hearing is requested during the ten-day period, the city
manager or authorized designee must promptly schedule the hearing, and no further action on the
abatement of the public nuisance may be taken until the city manager’s decision is rendered. The
property owner or responsible party may present evidence and argue the property does not
constitute a public nuisance. At the conclusion of the scheduled hearing, the city manager or
authorized designee may cancel the notice to remove or correct the public nuisance, modify the
notice, or affirm the notice to remove or correct the public nuisance. If the notice is modified or
affirmed, the public nuisance must be disposed of in accordance with the city’s written order.
Any written order shall be served upon the property owner or responsible party in the same
manner as set forth in subdivision 2 of this subsection.
Subd. 4.Use of public funds. Whenever the city becomes aware or is notified and
determines that graffiti is located on publicly or privately owned property viewable from a public
or quasi-public place, the city is authorized to use public funds for the removal of the graffiti, or
painting or repair of any more extensive an area than that where the graffiti is located, unless the
city manager or the designee of the city manager determines in writing that a more extensive area
is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the
neighborhood or community, or unless the property owner or responsible party agrees to pay for
the costs of repainting or repairing the more extensive area.
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2025.11.Summary abatement. Subdivision 1. The city may provide for the summary abatement
of graffiti without following the procedure required in subsection 2025.09 when:
a)There is an immediate threat to the public health or safety;
b)There is an immediate threat of serious property damage;
c)A public nuisance has been caused by private parties on public property; or
d)Any other condition exists that violates state or local law and that is a public health or
safety hazard.
Subd. 2. A reasonable attempt must be made to notify the owner, occupant, or other
responsible party of the intended action and the right to appeal the abatement and cost recovery at
the next regularly scheduled city council meeting.
Subd. 3.Right of entry on private property. For summary abatement proceedings, the city
may enter upon private property or property owned by a public entity other than the city and
commence abatement and cost recovery proceedings for the graffiti removal.
2025.13.2020.11. Abatement of graffiti in specific cases.
Subd. 1. Immediate abatement; utility facilities.Subdivision 1.The city manager, or its
designee, may without notice summarily abate any graffiti on any utility poles and cabinets
including, but not limited to, traffic signs and lights or on any property owned by the city or on
any property located in the public right-of-way, but privately owned. The right to summarily
abate graffiti on such property shall be a condition of its permission to be in the right-of-way.
Reasonable care shall be taken to avoid damage to such property.
Subd. 2.Immediate abatement, abutting right-of-way.The city manager, or its designee,
may without notice summarily abate any graffiti located anywhere on exterior walls and fences
immediately abutting public streets and right-of-way or public property, or within five feet of
such street, right-of-way or public property. The city manager, or its designee, may summarily
abate graffiti located on such walls and fences that is beyond five feet of such street, right-of-way
or public property provided that the graffiti is visible from the street, right-of-way or public
property. The city manager shall make reasonable attempts to ensure (1) that such abatement
shall not entirely penetrate the wall of any building nor impair the structural integrity of the
structure involved; (2) that reasonable efforts are made to avoid damage to the property; and (3)
that the wall is not in an area of a building that is designed for and used principally as a
residence. In the case of a summary abatement without notice on private property or on private
structures or equipment located in the right-of-way, the expense of such abatement and
restoration shall be borne by the city.
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2025.15.2020.13.Cost recovery. Subdivision
Subd. 1.Liability for costs.The owner of property on which a nuisance has been abated
by the city, or a person who has caused a public nuisance on property not owned by that person,
is personally liable to the city for the cost of the abatement, including administrative costs. As
soon as the work has been completed and the cost determined, city staff will prepare a bill for the
cost and mail it to the owner or other responsible party. The amount is immediately due and
payable to the city.
Subd. 2.Assessment. If the cost, or any portion of it, has not been paid within 30 days
after the date of the bill, the council may certify the unpaid cost against the property to which the
cost is attributable in accordance with the process set forth in section 306.15 of this codeCrystal
city code, subsection 2005.01, subdivision 2(g).
2025.17.2020.15.Penalties. Subdivision
Subd. 1.Criminal. Any violation of this section is a misdemeanor, punishable in
accordance with state law.
Subd. 2.Civil. Any violation of this section mayshall be subject to civil penalties, in
accordance with section 306 of this codeCrystal city code, section 306, or any other judicial
remedy available to the city.
Subd. 3.Minors. In the case of a minor, the parents or legal guardian is jointly and
severely liable with the minor for payment of all fines. Failure of the parents or legal guardian to
make payment will result in the filing of a lien on the parents’ or legal guardian’s property that
includes the fine and administrative costs.
Subd. 4.Additional penalties. This section is not intended to prohibit a private property
owner from seeking additional penalties or remedies.
ARTICLE II. This ordinance is effective upon adoption and 30 days after publication.
First Reading: ____________, 2018
Second Reading: __________, 2018
Council Adoption:_________, 2018
Publication:
Effective Date:
BY THE CITY COUNCIL
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Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
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538173v12 DTA CR225-423
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12:11:32 PM
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
City Council Meeting Agenda
Oct. 2, 2018
7 p.m.
Council Chambers
The city manager’s comments are bolded.
1. Call to Order, Roll Call and Pledge of Allegiance.
2. Approval of Agenda
The Council will consider approval of the agenda.
3. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature, in a
single motion:
4.1 Approval of the minutes from the following meetings:
a. The City Council meeting on Sept. 17, 2018.
b. The City Council work session on Sept. 17, 2018.
4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list
that is on file in the office of the city clerk.
4.3 Approval of a resolution accepting the following donations:
a. $2,500 from Crystal Fund for Community Progress for Becker Park playground.
b. $600 from Crystal Lions for Crystal Frolics.
c. $50 from Tony Hawk Realty for Becker Park playground.
d. $5,000 from VFW Post 494 for Crystal Little League ASL assistance program.
4.4 Approval of a resolution vacating drainage and utility easements within Holmquist and
Tschudy Additions (5747 and 5751 West Broadway).
4.5 Approval of a resolution approving plans and specifications and authorizing advertising for
bids for the Winnetka Pond dredging project.
5. Open Forum
(The City Council appreciates hearing from citizens about items of concern and desires to set aside
time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is
limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding
officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought
Crystal City Council Meeting Agenda
Sept. 17, 2018
Page 2 of 3
before the Council during Open Forum. The Council may place items discussed during Open Forum
onto subsequent council meeting agendas.)
6. Regular Agenda
6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance
department to the city council, a list that is on file in the office of the finance department.
Recommend approval of disbursements over $25,000.
6.2 The Council will consider the second reading of an ordinance amending Chapter 9 of the City
Code and a resolution approving the summary publication of the ordinance.
The City Council approved the first reading of the ordinance amending Chapter 9
(emergency preparedness, fire, animal control) at its September 4 meeting. Recommend
approval of the second reading of the ordinance and resolution authorizing its summary
publication.
6.3 The Council will consider the first reading of an ordinance amending Chapters 10 and 11 of
the City Code.
At recent work sessions the Council has reviewed changes to Chapters 10 and 11 regarding
general licensing requirements and requirements for certain businesses. Recommend
approval of the first reading of the ordinance amending Chapters 10 and 11.
7. Announcements
a. The next City Council work session is Thursday, Oct. 11, at 6:30 p.m. in Conference Room A.
b. Special Materials Drop-off Day is Saturday, Oct. 13 from 8 a.m. – 3 p.m. at the Brooklyn Park
Operations and Maintenance Facility, 8300 Noble Ave. N.
c. The next City Council meeting is Tuesday, Oct. 16 at 7 p.m. at Crystal City Hall.
d. Crystal Business Association meeting is Wednesday, Oct. 17, at 8:30 a.m. at NEAR Food Shelf,
5209 West Broadway.
e. The League of Women Voters is holding a Crystal City Council candidate forum on Thursday,
Oct. 18, at 7 p.m. at Crystal City Hall.
f. Metropolitan Airports Commission (MAC) is holding a public meeting on Tuesday, Oct. 30
from 6–8 p.m. at Crystal Community Center to take public comment on the Environmental
Assessment Worksheet (EAW) in process for the “right-sizing” of Crystal Airport.
g. Girl and Boy Scout troops are invited to lead the pledge at City Council meetings. Troops who
are interested may contact city staff for information.
h. City Council meetings and work sessions are open to the public. Current and previous
meetings are available for viewing and listening at www.crystalmn.gov.
8. Adjournment
Crystal City Council Meeting Agenda
Sept. 17, 2018
Page 3 of 3
9. Oct. 2, 2018 Meeting Schedule
Time Type of meeting Location
6:30 p.m.
City Council work session to discuss:
• Chapter 20 of the City Code.
• Constituent issues update.
• New business.*
• Announcements.*
Conference Room A
7 p.m. City Council meeting Council Chambers
* Denotes no supporting information included in the packet.
Have a great weekend. Kim will be attending Tuesday’s meeting as Acting Manager.
Crystal City Council meeting minutes September 17, 2018
Page 1 of 5
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
September 17, 2018 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal,
Minnesota. Mayor Adams called the meeting to order.
Roll Call
Mayor Adams asked the assistant city manager to call the roll for elected officials. Upon roll call, the
following attendance was recorded:
Council members present: Budziszewski, Kolb, LaRoche and Adams.Absent: Dahl, Deshler and Parsons.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources ManagerK. Therres, City Attorney T. Gilchrist, Public Works Director/City Engineer M. Ray, City PlannerD. Olson and Police Chief S. Revering.
Pledge of Allegiance
Mayor Adams led the Council and audience in the Pledge of Allegiance.
2.Approval of Agenda
The Council considered approval of the agenda.
Moved by Council Member Kolb and seconded by Council Member LaRoche to approve the agenda.
Motion carried.
3.Appearances
3.1 Melodie Hanson, Robbinsdale Area Redesign, presented information on the 2018 Diaper Drive
and Diaper Need Awareness.
4.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
4.1 Approval of the minutes from the following meetings:
a.The City Council meeting on Sept. 4, 2018.
b.The City Council work sessions on Sept. 4, 2018.
c.The City Council work session on Sept. 13, 2018.
4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a
list that is on file in the office of the city clerk.
4.3 Approval of Resolution No. 2018-104, accepting the following donations:
a.$500 from Crystal Frolics Committee for Crystal Police Explorers.
b.$300 from Kiwanis Club of North Hennepin-Minneapolis for Becker Park project.
c.$300 from TGK Automotive of Crystal for Becker Park project.
4.1(a)
Crystal City Council meeting minutes September 17, 2018
Page 2 of 5
4.4 Approval of solicitor licenses for Joseph Einbinder and Alan Wagner of The Window Store
Home Improvements, Inc., to go door-to-door in Crystal from Sept. 18 – Oct. 17, 2018,
offering free estimates and scheduling appointments for home improvement projects.
4.5 Approval of a temporary on-sale liquor license for the Church of St. Raphael located at 7301
56th Ave. N. on Oct. 13, 2018.
4.6 Approval of Resolution No. 2018-105, authorizing an agreement with Hennepin County
regarding Public Works mutual aid.
4.7 Approval of Resolution No. 2018-106, accepting Community Development Block Grant funds
for Becker Park playground equipment and authorizing city manager to execute funding
agreement.
4.8 Approval of Resolution No. 2018-107, ordering preparation of an assessment roll, declaring
the amount to be assessed and setting a public hearing date for reassessment for 5203
Angeline Ave. N.
4.9 Approval of Resolution No. 2018-108, adopting the Hennepin County All-Hazard Mitigation
Plan.
Moved by Council Member LaRoche and seconded by Council Member Kolb to approve the consent
agenda.
Motion carried.
5. Open Forum
No public comment was given during open forum.
6. Public Hearing
6.1 The Mayor announced the purpose of the public hearing:
To receive comment and consider a resolution approving vacation of platted easements at
5747 and 5751 West Broadway.
City Planner Dan Olson addressed the Council.
The Mayor opened the public hearing for testimony. There being no one wishing to appear
before the Council to give testimony, Mayor Adams declared the public hearing closed.
Action on the resolution was tabled until the October 2, 2018 meeting.
7. Regular Agenda
7.1 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to
approve the list of disbursements over $25,000.
4.1(a)
Crystal City Council meeting minutes September 17, 2018
Page 3 of 5
Voting aye: Budziszewski, Kolb, LaRoche and Adams.
Absent, not voting: Dahl, Deshler and Parsons.
Motion carried.
7.2 The Council considered a resolution approving the final plat of Morgantaylor Addition to
consolidate 5747 and 5751 West Broadway into a single lot.
City Planner Dan Olson and Public Works Director/City Engineer Mark Ray addressed the
Council.
Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt
the following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 109
RESOLUTION APPROVING MORGANTAYLOR ADDITION FINAL PLAT
Voting aye: Budziszewski, Kolb, LaRoche and Adams.
Absent, not voting: Dahl, Deshler and Parsons.
Motion carried, resolution declared adopted.
7.3 The Council considered a resolution awarding a contract with Dave Perkins Contracting for
installation of water and sanitary sewer improvements for Cavanagh View Addition (5006 - 18
Vera Cruz Ave. N.)
City Planner Dan Olson and Public Works Director/City Engineer Mark Ray addressed the
Council.
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt
the following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 110
AWARD CONTRACT FOR CAVANAGH VIEW
SANITARY SEWER AND WATER SERVICE CONSTRUCTION
PROJECT 2018-10
Voting aye: Budziszewski, Kolb, LaRoche and Adams.
Absent, not voting: Dahl, Deshler and Parsons.
Motion carried, resolution declared adopted.
7.4 The Council considered resolutions approving plans and specifications and authorizing
advertising for bids for sewer lining.
Public Works Director/City Engineer Mark Ray addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt
the following resolution, the reading of which was dispensed with by unanimous consent:
4.1(a)
Crystal City Council meeting minutes September 17, 2018
Page 4 of 5
RESOLUTION NO. 2018 – 111
APPROVING PLANS AND SPECIFICATIONS
2019 SANITARY SEWER CIPP LINING PROJECT #2019-01
Voting aye: Budziszewski, Kolb, LaRoche and Adams.
Absent, not voting: Dahl, Deshler and Parsons.
Motion carried, resolution declared adopted.
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt
the following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 112
ORDERING ADVERTISEMENT FOR BIDS
2019 SANITARY SEWER CIPP LINING PROJECT #2019-01
Voting aye: Budziszewski, Kolb, LaRoche and Adams.
Absent, not voting: Dahl, Deshler and Parsons.
Motion carried, resolution declared adopted.
7.5 The Council considered authorizing a contract with Chestnut Cambronne PA for prosecution
services for 2019-2020.
Police Chief Stephanie Revering addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Budziszewski to
approve a contract with Chestnut Cambronne PA for prosecution services for 2019-2020.
Voting aye: Budziszewski, Kolb, LaRoche and Adams.
Absent, not voting: Dahl, Deshler and Parsons.
Motion carried.
7.6 The Council considered authorizing a contract with Kennedy & Graven, Chartered for city
attorney services for 2019-2020.
City Manager Anne Norris addressed the Council.
Moved by Council Member Kolb and seconded by Council Member LaRoche to approve a
contract with Kennedy & Graven, Chartered for city attorney services for 2019-2020.
Voting aye: Budziszewski, Kolb, LaRoche and Adams.
Absent, not voting: Dahl, Deshler and Parsons.
Motion carried.
8. Announcements
The Council made several announcements about upcoming events.
4.1(a)
Crystal City Council meeting minutes September 17, 2018
Page 5 of 5
9. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the
meeting.
Motion carried.
The meeting adjourned at 7:34 p.m.
__________________________________ Jim Adams, Mayor
ATTEST: ________________________________________ Kimberly Therres, Assistant City Manager
4.1(a)
Crystal City Council work session minutes Sept. 17, 2018
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the work session of the Crystal City Council was held at 7:40 p.m. on Sept. 17, 2018 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the
meeting to order.
I.Attendance
The assistant city manager recorded the attendance for City Council members and staff:
Council members present: Kolb, LaRoche, Adams and Budziszewski.Absent: Parsons, Dahl and Deshler.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources
Manager K. Therres, City Attorney T. Gilchrist, Public Works Director/City Engineer M. Ray,
Finance Director J. McGann and Police Chief S. Revering.
II.Agenda
The Council and staff discussed the following agenda items:
1.2019 utility rates.
2.Chapter 12 of City Code.
3.Chapters 10 and 11 of City Code.
4.New business.
5.Announcements.
The work session adjourned at 8:55 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Kimberly Therres, Assistant City Manager
4.1(b)
Page 1 of 1
City of Crystal Council Meeting
Oct. 2, 2018
Applications for City License
Refuse Hauler
Advanced Disposal dba Veolia 309 Como Ave. St. Paul, MN 55103
Sanimax USA 505 Hardman Ave. So. St. Paul, MN 55075
Rental – New
4108 Jersey Ave. N. – Lia Makousky
Rental – Renewal
2701 Brunswick Ave. N. – Granite Cliffs Apartments (Conditional)
3518 Brunswick Ave. N. – Fletcher Schwartz (Conditional)
3601-3603 Colorado Ave. N. – Fruen & Pfeiffer LLP (Conditional)
3960 Douglas Dr. N. – William & Ruth Klatte (Conditional)
5009 Florida Ave. N. – Toby & Claudia Carrillo (Conditional)
5401 Georgia Ave. N. – Jon Huelskamp
4832 Hampshire Ave. N. – Richard and Patricia Sandeen
3156 Idaho Ave. N. – John Furlong & Lucille (Pietz) Furlong
4088 Jersey Ave. N. – R L Pfeiffer & A J Pfeiffer
3409 Kyle Ave. N. – David O’Brien (Conditional)
5442 Nevada Ave. N. – DeYung Le
5825 Perry Ave. N. – Danny Vo & Christina Duong
3424 Regent Ave. N. – Jared Schmillen/LeAnna Wangerin (Conditional)
5439 Twin Lake Ter. – Kurschner Companies LLC
3237 Zane Ave. N. – MJA Capital Management LLC
3619 Zane Ave. N. – Juan Orozco
Therapeutic Massage Enterprise
Megumi Maeda, 8117 35th Ave. N. Crystal, MN 55427
Therapeutic Massage Therapist
Megumi Maeda, 8117 35th Ave. N. Crystal, MN 55427
JingJing Yang @ Natural Wellness Spa LLC, 5524 W. Bdwy Crystal, MN 55428
Tree Trimmer
True Tree Solutions, 13684 160th Ave. Little Falls, MN 56346
Twins G Tree Service, 1788 York Ave. St Paul, MN 55119
4.2
CITY OF CRYSTAL
RESOLUTION NO. 2018 -
RESOLUTION ACCEPTING DONATIONS FROM
CRYSTAL FUND FOR COMMUNITY PROGRESS, CRYSTAL LIONS,
TONY HAWK REALTY AND VFW POST 494
WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution; and
WHEREAS, said donations must be accepted by a resolution adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the
following donations:
Donor Purpose Amount
Crystal Fund for Community Progress Becker Park Playground $2,500
Crystal Lions Crystal Frolics $600
Tony Hawk Realty Becker Park Playground $50
VFW Post 494 Crystal Little League ASL $5,000
AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-
named for their generous donation.
Dated: Oct. 2, 2018
By: __________________________
Jim Adams, Mayor
ATTEST:
___________________________________
Trudy Tassoni
Administrative Services Coordinator
4.3
_______________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Anne Norris, City Manager (for October 2 City Council Meeting)
DATE: September 27, 2018
RE: Consider adoption of a resolution approving the vacation of drainage
and utility easements
A.BACKGROUND
The City Council is being asked to adopt a resolution in attachment A to vacate city-owned
drainage and utility easements within the Holmquist and Tschudy subdivisions. These two
parcels, located at 5747 and 5751 West Broadway, are being combined into one parcel by
the Morgantaylor Addition plat. At the September 17, 2018 City Council meeting the Council
held a public hearing on this proposal, but did not have four-fifths of the Council present to
adopt the resolution, as required by state statute.
Attachment:
A.Resolution
B.PROPOSED EASEMENT VACATION
On June 5, 2018, the City’s Economic Development Authority (EDA) sold the property at
5751 West Broadway to FTKD Properties, who owns the adjacent property at 5747 West
Broadway. As a condition of the sale, FTKD agreed to submit a lot consolidation application
to combine both lots into one parcel. The City Council approved the lot consolidation final
plat, called Morgantaylor Addition, at their meeting on September 17, 2018.
The two properties that are to be combined are located within the Holmquist Addition, which
was approved by the city in 1967, and the Tschudy Addition, which was approved by the
city in 1970. Drainage and utility easements were dedicated on both plats at the time of
approval. These properties are now being replatted as the Morgantaylor Addition, which
combines the two parcels into one. New drainage and utility easements are dedicated on
the Morgantaylor Addition plat so the existing easements in the Holmquist and Tschudy
Addition plats are no longer needed.
C.REQUESTED ACTION
City staff recommends that the drainage and utility easements located within the Holmquist
and Tschudy Additions be vacated.
City Council motion to approve the proposed resolution (attachment A) is requested.
COUNCIL STAFF REPORT
Vacate Drainage and Utility Easements
4.4
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520242v1 DTA CR205-30
Attachment A
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2018-_____
RESOLUTION VACATING DRAINAGE AND UTILITY
EASEMENTS WITHIN THE HOLMQUIST AND TSCHUDY ADDITIONS
WHEREAS, the City of Crystal (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, FTKD Properties (the “Petitioner”) is fee owner of PID 05-118-21-42-0041,
real property that is legally described as Lot 1, Block 2, Holmquist Addition, and of PID 05-118-
21-42-0061, real property that is legally described as Lot 1, Block 2, Tschudy Addition, both
properties located in Hennepin County, Minnesota.
(collectively the “Petitioner’s Parcel”); and
WHEREAS, the City received a petition from the Petitioner requesting the vacation of
drainage and utility easements located on the Petitioner’s Parcel. The easements that Petitioner is
requesting be vacated are legally described and depicted on Exhibit A attached hereto (the “D&U
Easement”); and
WHEREAS, pursuant to the City’s subdivision regulations, the Petitioner is in the process
of re-platting the Petitioner’s Parcel as “Mogantaylor Addition”; and
WHEREAS, the Petitioner intends to dedicate certain drainage and utility easements to
the City in the final plat of Morgantaylor Addition that will meet the City’s satisfaction; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
September 17, 2018 to consider vacation of the D&U Easement; and
WHEREAS, notice of the public hearing was posted, published in the City’s official
newspaper, and mailed to any and all owners of affected properties, as required by state statute;
and
WHEREAS, on September 17, 2018, the City held the public hearing on the requested
vacation during which all interested parties were heard; and
WHEREAS, the City has the authority, pursuant to Minn. Stat. 462.358, subd. 7, to vacate
easements dedicated to the public within a plat, including those for drainage and utility purposes;
4.4
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520242v1 DTA CR205-30
WHEREAS, following the public hearing, the City determined that, so long as the
Petitioner dedicates drainage and utility easements in the final plat of Morgantaylor Addition that
meet the City’s satisfaction, there is no continuing public need for the D&U Easement and that
vacating the D&U Easement, as requested, is in the public interest.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as
follows:
1. The City hereby declares that the drainage and utility easements, legally described and depicted
on Exhibit A attached hereto, are vacated; provided, however, that said vacation is conditioned
on the Petitioner dedicating public drainage and utility easements in the final plat of
Morgantaylor Addition that meet the City’s satisfaction.
2. Upon the Petitioner’s adherence to the above-mentioned condition, the City Clerk is hereby
authorized and directed to prepare and present to the Hennepin County Auditor a notice that
the City has completed these vacation proceedings and record said notice with the Hennepin
County Recorder.
Adopted by the Crystal City Council this 2nd day of October, 2018.
____________________________
Jim Adams, Mayor
ATTEST:
___________________________
Trudy Tassoni, Administrative Services Coordinator
4.4
A-1
520242v1 DTA CR205-30
EXHIBIT A
Legal Description and Depiction of D&U Easement
All of the drainage and utility easements as donated and dedicated in Lot 1, Block 2, Holmquist
Addition, and in Lot 1, Block 2, Tschudy Addition, according to the recorded plats thereof,
Hennepin County, Minnesota.
4.4
Memorandum
DATE: October 2, 2018
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Approve Plans and Specifications, Order Ad for Bids
Winnetka Pond Sediment Removal Project
Summary
This item was discussed at the August 21, 2018 work session. Nothing has changed in the design since
then except the easement agreement with Winnetka Village apartment complex is nearing completion
with the last few details being sorted through and then signatures will be obtained.
Environmental Assessment Worksheet (EAW) - The Minnesota Environmental Quality Board has
notified the City that an EAW is required for this project. This need had not been brought up
previously. While this is an administrative process, the project team is working to minimize the impact
on the overall project schedule. That said, due to the project having limited impact on residential
properties, schedule flexibility, within reason, is not a major concern.
Permitting - The United States Army Corps of Engineers (USACE) and Wetland Conservation Act (WCA)
permits have been approved. The Minnesota Department of Natural Resources (MDNR) Work in Public
Waters Permit is pending completion of the EAW and the City’s record of decision regarding the need
for an Environmental Impact Statement.
Cost
•$771,705 (including engineering and 10% contingency) which is fully reimbursable by the
Bassett Creek Watershed Management Commission
•$25,000 for EAW-related activities which is fully reimbursable by the Bassett Creek Watershed
Management Commission
Schedule
•November 20 City Council award contract
•December 4 City Council meeting regarding Environmental Assessment Worksheet
Attachment
•Grading plansheet for the project
Recommended Action
•Motion to approve resolution approving the plans and specifications
•Motion to approve resolution ordering advertisement for bids
4.5
4.5
RESOLUTION NO. 2018 - ______
APPROVING PLANS AND SPECIFICATIONS
WINNEKTA POND SEDIMENT REMOVAL PROJECT
WHEREAS, the Bassett Creek Watershed Management Commission allocated funds for
the sediment removal from Winnetka Pond; and
WHEREAS, the City has entered into an agreement with the Bassett Creek Watershed
Management Commission for the City to design and construct this project; and
WHEREAS, plans and specifications have been prepared by the project consultant, Barr
Engineering.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves
the plans and specifications for the Winnetka Pond Sediment Removal project.
Adopted by the Crystal City Council this 2nd day of October, 2018.
Jim Adams, Mayor
ATTEST:
____________________________
Trudy Tassoni, Administrative Services Coordinator
4.5
RESOLUTION NO. 2018 - ______
ORDERING ADVERTISEMENT FOR BIDS
WINNEKTA POND SEDIMENT REMOVAL PROJECT
WHEREAS, the Bassett Creek Watershed Management Commission allocated funds for
the sediment removal from Winnetka Pond; and
WHEREAS, the City has entered into an agreement with the Bassett Creek Watershed
Management Commission for the City to design and construct this project; and
WHEREAS, plans and specifications have been prepared by the project consultant, Barr
Engineering.
WHEREAS, the City Council approved the plans and specifications on October 2nd,
2018.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders the
advertisement for bids for the Winnetka Pond Sediment Removal project.
Adopted by the Crystal City Council this 2nd day of October, 2018.
Jim Adams, Mayor
ATTEST:
____________________________
Trudy Tassoni, Administrative Services Coordinator
4.5
G:\Brenda\Accts Payable\Checks over $25,000\Checks over $25,000 Memo.xls
DATE:September 26, 2018
TO:Anne Norris, City Manager
City of Crystal City Council
FROM:Jean McGann, Acting Finance Director
RE:Expenditures over $25,000
Payee Amount
IRS - EFTPS Federal & FICA withholding taxes for 9/21/18 pay date $52,927.56
LOGIS July and August support and services $59,220.00
Palda & Sons Inc Phase 14 final and Phase 16 Street Reconstruction $97,939.94
PERA Employee and city required contributions for 9/21/18 pay date $52,461.12
$262,548.62
Description
6.1
538195v1 TJG CR225-423
Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: September 26, 2018 (October 2, 2018 Council Meeting)
Re: Ordinance Amending Chapter 9 (Public Safety) and Minor Amendments to Chapter 4
(Building, Housing, and Construction Regulations) – Second Reading and Adoption
---------------------------------------------------------------------------------------------------------------------
The City Council acted at its September 4, 2018 meeting to adopt the first reading of Chapter 9,
including minor amendments to Chapter 4. The ordinance is now before the City Council for a second
reading and final adoption.
As previously noted, the following summarizes the amendments made to these chapters.
Chapter 4
•Expands the definition of “resident agent.”
•Update license fee renewal section to reflect current late fee amounts in the fee schedule.
Chapter 9
•Section 900 Emergency Management – Updated to reflect statutory requirements and
language.
•Section 905 Fire Prevention – Updated references to applicable codes, storage of flammable
liquids, commercial cooking ventilation systems, and open burning regulations.
•Section 910 Animal Control – Replaced the current language to clean up the language, accord
with state law, and reflect the policy directions given by the City Council in its work sessions.
•Section 925.01 Hazardous Substances – Revised this section to update the list of substances
that are prohibited to ingest by referencing a state list of such substances and any other
substances the City Council may identify by resolution. This is an alternative approach to
attempting to list every compound in the code.
The Council is being asked to conduct a second reading and to adopt the ordinance.
6.2
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CITY OF CRYSTAL
ORDINANCE #2018-04
AN ORDINANCE AMENDING CHAPTERS
IV AND IX OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter IV, Section 425.07, subdivision 1(r) of the Crystal City Code is hereby
amended by deleting the stricken material and adding the double-underlined material as follows:
r) “Resident agent” means an authorized representative of a nonresident owner who
resides in one of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Chisago,
Dakota, Isanti, Scott, Sherburne, or Washington, or Wright.
ARTICLE II. Chapter IV, Section 425.17, subdivision 4 of the Crystal City Code is hereby
amended by deleting the stricken material and adding the double-underlined material as follows:
Subd. 4. License fees. For license renewals, license fees are due no later than 60 days
prior to the license expiration date. If an application for license renewal is made less than 60 days
before the beginning date of the license period applied for then the fee shall be accompanied by
an additional amount equal to 100 percent of such license fee. The additional amount shall be a
penalty for a late application. For general housing units or apartments intended for rental for
which a license was not issued for the previous year, license fees must accompany the completed
license application. License fees are set in appendix IV. An application to renew a license
submitted within 60 days from the date of expiration shall be subject to the following penalty
surcharge amounts:
Period Submitted Penalty Surcharge
59 to 50 days prior to expiration date None
49 to 40 days prior to expiration date 25% of license fee
39 to 30 days prior to expiration date 50% of license fee
Within 30 days prior to expiration date 100% of license fee
ARTICLE II. Chapter IX, Section 900 of the Crystal City Code is hereby amended by deleting
the stricken material and adding the double-underlined material as follows:
CHAPTER IX
PUBLIC SAFETY
Section 900 - Civil defense Emergency Management
6.2
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900.01. Act adopted. The Minnesota civil defense act Emergency Management Act of 1996,
Minnesota Statutes, chapter 12, insofar as it relates to cities, is adopted by reference as part of this
section as fully as if set forth herein.
900.03. Civil defense agency Emergency management organization. Subdivision 1. Agency and
director. There is created and continued, an civil defense and disaster agency emergency
management organization under the supervision and control of a director of civil defense
emergency management, hereinafter called the director. The director is appointed by the mayor
for an indefinite term and may be removed by the mayor at any time. The director serves without
salary but is paid actual necessary expenses. The director is responsible for the organization,
administration, and operation of the civil defense agency local organization for emergency
management, subject to the direction and control of the mayor local governing body.
Subd. 2. Organization and functions. The civil defense agency emergency management
organization is organized into such divisions and bureaus, consistent with the state emergency
management program and local defense plans, as the director deems necessary to provide for the
efficient performance of local civil defense emergency management functions during an civil
defense emergency. The agency organization performs civil defense emergency management
functions within the city and conducts such functions outside the city as may be required pursuant
to Minnesota Statutes, chapter 12, or this section.
900.05. Powers and duties of director. Subdivision 1. Intergovernmental arrangements. With the
consent of the mayor, the The director shall represents the city on any regional or state organization
for civil defense emergency management. The director may develops proposed mutual aid
agreements with other political subdivisions within or outside the state for reciprocal civil defense
aid emergency management and assistance in an civil defense emergency too great to be dealt with
unassisted, and presents such agreements to the council for its action. Such agreements must be
consistent with the civil defense plan emergency management program and during an civil defense
emergency, and the civil defense agency and civil defense forces emergency management
organization must render assistance in accordance with the provisions of such agreements.
Subd. 2. Civil defense plan Emergency management program. The director must prepare a
comprehensive general plan for the civil defense emergency response of the city and present such
plan to the city council for its approval. When the council has approved the plan by resolution, all
civil defense forces emergency management personnel of the city will perform the duties and
functions assigned by the plan.
Subd. 3. Reports. The director must prepare and present to the council periodically a report
of activities and recommendations.
ARTICLE III. Chapter IX, Section 905 of the Crystal City Code is hereby amended by deleting
the stricken material and adding the double-underlined material as follows:
CHAPTER IX
6.2
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PUBLIC SAFETY
Section 905 - Fire prevention
905.01. Adoption by reference. Subdivision 1. Minnesota State Fire Code adopted. The
Minnesota State Fire Code, Minnesota Statutes, chapter 299F and Minnesota Rules, chapter 7511,
is are hereby adopted by the city of Crystal including all supplements, appendices B, C, D and F,
and subsequent amendments. The purpose of this action is for prescribing regulations governing
conditions hazardous to life and property from fire, maintenance of buildings and premises,
explosion and other like emergencies. The MSFC incorporates by reference the 2000 Edition of
the International Fire Code published by the International Code Congress and as amended by the
state of Minnesota, together with appendices B, C, D and F. Not less than one copy of each has
been and is now filed with the clerk of the city. (Amended, Ord. No. 2004-3, Sec. 1)
905.03. Enforcement by fire district. The Minnesota State Fire Code, as adopted herein, shall be
administered and enforced by the West Metro Fire-Rescue District. All references to and duties of
the bureau of fire prevention, the fire marshal, fire inspectors and required reports shall be
governed by the West Metro Fire-Rescue District and not the city. (Amended, Ord. No. 2004-3,
Sec. 2)
905.05. Definitions. The term “municipality” as used in the Minnesota State Fire Code means the
city of Crystal. The term “fire district” means the West Metro Fire-Rescue District. (Amended,
Ord. No. 2004- 3, Sec. 3)
905.07. Storage of flammable liquids, liquified liquefied petroleum gases, and explosives, and
blasting agents. Subdivision 1. Flammable or combustible liquids in outside above-ground tanks.
The storage of flammable or combustible liquids in outside above-ground tanks is permitted within
the I-1 and I-2 I-Industrial zoning districts only. This does not include the storage of such materials
as such may be used directly for residential purposes.
Subd. 2. Storage of liquified liquefied petroleum gases, explosives, and blasting agents,
.The storage of liquified liquefied petroleum gases, explosives, and blasting agents is permitted
in the I-1 and I-2 zoning districts only.
Subd. 3. Storage of explosives and blasting agents. The storage of explosives and blasting
agents is permitted in the I-1 and I-2 zoning districts only.
905.09. Special use permits. Storage of flammable liquids in outside above-ground tanks, the
establishment of a bulk plant for flammable liquids, the bulk storage of liquified liquefied
petroleum gases, and the storage of explosives and blasting agents is not permitted within the
corporate limits of the city, except in the I-1 and I-2 zoning districts, after and only upon written
approval of the fire district and the city of Crystal building official. (Amended, Ord. No. 2004-3,
Sec. 4)
6.2
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905.15. Fire lanes. Subdivision 1. Fire lanes, establishment. The fire marshal is hereby authorized
to order the establishment of establish fire lanes on public or private property as may be deemed
necessary. Such fire lanes shall ensure that in order that the travel of fire equipment may is not be
interfered with, and that access to fire hydrants or buildings may not be blocked off. When a fire
lane has been ordered to be established, it shall be marked by a sign bearing the words “NO
PARKING-FIRE LANE” or a similar message. When the fire lane is on public property or a public
right-of-way, the sign or signs shall be erected by the city, and when on private property, they shall
be erected by the owner at the owner’s expense within 30 days after the owner has been notified
of the order. Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct
the fire lane. (Amended Ord. No. 2004-3, Sec. 7)
Subd. 2. Enforcement of fire lanes. When any motor vehicle occupies or obstructs any duly
designated established fire lane in a manner inconsistent with its intended use for fire protection
purposes, or prevents access to any fire hydrant in the normal and usual manner by fire protection
personnel and equipment, the fire marshal or police department personnel may order the
impoundment of the vehicle, pursuant to applicable law, after first making a reasonable effort in
the immediate vicinity to ascertain the identity and location of the owner or other person leaving
the vehicle in the fire lane. No vehicle impounded pursuant to the provisions of this section shall
be released until a release is obtained from the police department and all towing and storing charges
have been paid. Any vehicle impounded hereunder shall be released in accordance with applicable
law, including Minnesota Statutes, chapter 168B. (Added, Ord. No. 2004-3, Sec. 7)
Subd. 3. Temporary use of fire lanes. The fire marshal is hereby authorized to determine
and temporarily designate on a temporary basis fire lanes established hereunder this section and
orders pursuant thereto, upon which parking of vehicles shall be temporarily permitted when, in
the fire marshal’s opinion, such parking is necessary for public safety or convenience. (Added,
Ord. No. 2004-3, Sec. 7)
905.25. Commercial cooking ventilation systems. Subdivision 1. Periodic servicing. Commercial
kitchen hoods shall comply with the provisions of the state fire code. Such equipment shall be
inspected by the fire code official as required in the state fire code. cooking ventilation systems,
hoods, filters, grease removal devices, and ducts must be periodically cleaned prior to surfaces
becoming heavily contaminated with combustible grease deposits. Commercial cooking
ventilation systems, hoods, and ducts must be cleaned at least annually. Cleaning may be required
more often depending on grease build-up and is up to the discretion of the code official. (Amended,
Ord. No. 2004-3, Sec. 8)
Subd. 2. Permits. A person cleaning a commercial cooking ventilation system or its
components as referred to in subdivision 1 for the removal of combustible grease, must first obtain
a permit from the building department city. Permits must be obtained a minimum of three days
prior to starting work. Upon completion of cleaning, the fire district must be notified for inspection
and approval of work. The permit fee is fixed in appendix IV. (Amended, Ord. No. 2004-3, Sec.
8)
905.27. Open burning. Subdivision 1. Construction projects. Open burning is allowed for the
purpose of thawing frozen ground or for maintaining of interior structure temperature in
6.2
5
connection with construction projects. This shall be considered temporary heat and will require a
special use permit for fire code official approval before installation. All installations shall be in
accordance with chapter 14 33, section 1403 3303 of the MSFC. Exception: No permit is required
for any temporary heating with a maximum cylinder size of 20 pounds or less. (Added, Ord. No.
2004-3, Sec. 9)
Subd. 2. Recreational fires. Open burning shall be allowed for the purpose of recreation.
(For example, fires for warmth, for the cooking of foodstuffs, or ceremonial purposes.) No permit
is required for recreational fires, but they shall adhere to the following regulations at all times.
a) Recreational fires shall not be used for disposal of yard waste, construction
materials, or common household trash. Fuel for recreational fire shall only be that
of aged, dry firewood.
b) All recreational fires must be in an approved outdoor fireplace or pit, which is at
grade or below and must be no more than three feet in diameter. The outside edge
of an at grade pit shall be ringed with brick, rock, or other non-combustible material
to prevent fire spread. Commercially manufactured steel outdoor fire pits and
structures may be used provided they are not more than three feet in diameter.
c) All rRecreational fires shall be kept a minimum of 15 feet from any structure or
combustible materials.
d) Recreational fires shall not be allowed if winds exceed seven miles per hour.
e) Recreational fires shall be constantly attended by the property owner or designated
adult until fire is completely extinguished. A garden hose or other adequate means
of extinguishment shall be available within 15 25 feet of the fire for emergency
purposes.
f) When prohibited by action of the Minnesota Department of Natural Resources,
recreational fires shall not be permitted All recreational fires or open burning shall
be conducted in accordance with Minnesota Statutes, section 88.171.
g) All recreational fires shall be extinguished no later than 11:00 P.M.
h) At the discretion of the fire code official, any recreational fire not adhering to the
above regulations, and or that poses a dangerous condition shall be considered a
public nuisance and shall be immediately extinguished upon direction from the fire
code official or their designee. Any person or persons who fail to comply with these
conditions shall be in violation of this section. (Added, Ord. No. 2004-3, Sec. 9)
i) Portable outdoor fireplaces shall be used in accordance with manufacturer’s
instructions and shall not be operated within 15 feet of a structure made of
combustible material.
6.2
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Subd. 32. Open burning; use of open-flame, liquefied-petroleum gas (LP), or charcoal
cooking devices on vertical apartment balconies or patios is hereby prohibited. No person shall
kindle, maintain or cause any fire or open flame on any apartment balcony above ground level or
ground floor patio immediately adjacent to or within ten feet of any combustible construction. No
person shall store any fuel, barbecue torch, or other similar heating or lighting chemicals or device
in either of the above locations. Exception: One and two-family dwellings. Listed electric or gas-
fired barbecue grills that are permanently mounted and wired or plumbed to the building’s gas
supply or electrical system and that maintain a minimum clearance of 18 inches (457 mm) on all
sides, unless listed for lesser clearances, may be installed on balconies and patios when approved
by the fire chief (Added, Ord. No. 2004-3, Sec. 9)(Rev. 2004)
Subd. 43. Fire control costs. Every resident or nonresident person, firm, or corporation
shall be liable for all fighting, or preventing the spread of, or extinguishing any fire caused by or
resulting from their or its actions, negligence, or omissions. The fire chief shall keep a record of
the all costs, including all work done by firefighters and other city employees, as well as any and
equipment used, and shall file the same with the clerk. Thereupon, the clerk shall bill the person,
firm or corporation liable therefore, as prescribed in chapter 14 of the MSFC. No license of any
person, firm or corporation liable for the expenses incurred in fire control as provided above herein,
shall be renewed if the licensee is in default in payment of any bill hereunder. (Added, Ord. No.
2004-3, Sec. 9)
ARTICLE IV. Chapter IX, Section 910 of the Crystal City Code is hereby deleted in its entirety
and is replaced with the following:
Section 910 - Animal control
910.01. Definitions. For purposes of this section, the terms defined in this subsection have the
meanings given them in this subsection.
Subd. 1. Animal. “Animal” means a dog or other domestic animal.
Subd. 2. Animal control officer. “Animal control officer” means an agency of the state,
county, municipality, or other governmental subdivision of the state which is responsible for
animal control operations in its jurisdiction.
Subd. 3. Commercial kennel license. “Commercial kennel license” means a license
required of any person, firm, corporation, or organization operating, or in control of, a commercial
kennel.
Subd. 4. Custodian. “Custodian” means any person, firm, corporation, or organization that
is temporarily responsible for the care, custody, or control of an animal, other than the owner of
the animal.
Subd. 5. Owner. “Owner” means any person, firm, corporation, organization, or
department possessing, owning, harboring, having an interest in, or having care, custody, or control
of an animal on more than a temporary basis.
6.2
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Subd. 6. Commercial kennel. “Commercial kennel” means any place where dogs or other
animals are kept as part of a business involving the raising, selling, boarding, breeding, showing,
treating, or grooming of dogs or other animals. The term includes pet shops, animal hospitals,
kennels and other similar types of operations.
Subd. 7. Dangerous dog. “Dangerous dog” means any dog that has:
(a) Without provocation, inflicted substantial bodily harm on a human being on public or
private property;
(b) Killed a domestic animal without provocation while off the owner’s property; or
(c) Been found to be potentially dangerous, and after the owner has notice that the dog is
potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of
humans or domestic animals.
Subd. 8. Domestic animal. “Domestic animal” means a domesticated dog, cat, ferret,
chicken, pot-bellied pig, or rabbit.
Subd. 9. Great bodily harm. “Great bodily harm” has the meaning given it under Minnesota
Statutes, section 609.02, subdivision 8.
Subd. 10. Multiple animal license. “Multiple animal license” means a license required of
any person possessing or maintaining more animals on a property than is allowed under this section
without a license.
Subd. 11. Potentially dangerous dog. “Potentially dangerous dog” means any dog that:
(a) When unprovoked, inflicts bites on a human or domestic animal on public or private
property;
(b) When unprovoked, chases or approaches a person, including a person on a bicycle,
upon the streets, sidewalks, or any public or private property, other than the dog
owner’s property, in an apparent attitude of attack; or
(c) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury
or otherwise threatening the safety of humans or domestic animals.
Subd. 12. Proper enclosure. “Proper enclosure” means securely confined indoors or in a
securely enclosed and locked pen or structure suitable to prevent the animal from escaping and
providing protection from the elements for the dog. A proper enclosure does not include a porch,
patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own
volition, or any house or structure in which windows are open or in which door or window screens
are the only obstacles that prevent the dog from exiting.
6.2
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Subd. 13. Provocation. “Provocation” means an act that an adult could reasonably expect
may cause a dog to attack or bite.
Subd. 14. Special event. “Special event” means an event designated by city council
resolution and occurring in a city park, other than a designated dog park.
Subd. 15. Substantial bodily harm. “Substantial bodily harm” has the meaning given it
under Minnesota Statutes, section 609.02, subdivision 7a.
910.03. General provisions.
Subd. 1. Custodians of animals. A custodian is required to comply the requirements
imposed on an owner under this section while the person is in possession of an animal.
Subd. 2. Animal control officer. The city manager shall designate the animal control
officer.
Subd. 3. Enforcement. The police department and animal control officer are authorized to
enforce the provisions of this section, including issuing citations for violations, transporting
animals to the city animal pound, and destroying animals in accordance with the provisions of this
section.
Subd. 4. Interference with officers. An unauthorized person shall not take or attempt to
take from any officer any animal taken up by a police officer or the animal control officer in
compliance with this section, or in any manner interfere with or hinder the officer or agent of the
city in the discharge of the person’s duties.
Subd. 5. Muzzles. When the animal control officer determines that a dog is infected with
rabies, the police chief may require that the dog be muzzled while in public.
Subd. 6. Diseased animals prohibited. It is unlawful to knowingly bring into the city, or
have in one's possession, an animal that is afflicted with infectious or contagious diseases. Such
diseased animals must be destroyed in a humane manner unless the disease is curable and the
animal is under the care of, and receiving treatment from, a licensed veterinarian.
Subd. 7. Zoning regulations. It is unlawful to keep or harbor an animal or fowl, except
domestic animals, within any district of the city zoned residential unless otherwise permitted by
the Crystal city code.
910.05. Vaccination of animals.
Subd. 1. Required. Each dog, cat, or ferret over three months of age must be vaccinated for
rabies. The vaccination must be administered by or under the supervision of a licensed doctor of
veterinary medicine. The certificate of vaccination must show that the animal has been vaccinated
in accordance with the current recommendation of the National Association of State Public Health
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Veterinarians and the Centers for Disease Control of the United States Department of Health,
Education and Welfare. The certificate is prima facie proof of the required vaccination.
Subd. 2. Vaccination tag. An owner must have a current rabies vaccination tag securely
affixed to the collar of its dog or cat when the animal is off of the owner’s property. It is unlawful
to falsify a vaccination tag.
910.07. Regulations on number of animals.
Subd. 1. Noncommercial. The number of animals that may be kept on a property without
a license, or with a multiple animal license, are as follows:
Dogs Cats Pot-bellied
Pig
Chickens Combined Total
Number of Animals
Allowed*
No license
required
Up to 2 Up to 2 1 4 Up to 4
Multiple
animal license
required
3 to 5 3 to 5 No more
than 1
allowed
No more
than 4
allowed
Up to 5
* A pot-bellied pig is counted toward the total number of animals, but chickens are not.
Subd. 2. Commercial. Anyone engaging in the business of raising, selling, boarding,
showing, treating, or grooming animals is required to obtain a commercial kennel license
regardless of the number of animals involved in the business.
910.09. Multiple animal licenses and commercial kennel licenses. Every person proposing to keep
more animals on a property than are allowed without a license, or to operate a commercial kennel,
is required to obtain either a multiple animal license or a commercial kennel license from the city
and is required to comply with the provisions of this subsection. No license shall be required for
veterinarians as provided in Minnesota Statutes, section 347.40.
Subd. 1. Application. Application for an appropriate license must be made using the forms
provided by the city and shall be submitted to the city clerk together with the payment of the
appropriate fees required by appendix IV of this Crystal city code. The applicant must provide, at
the time of application, an up-to-date detailed plan and description of the premises and structures
wherein the kennel is to be operated, the number and types of animals proposed to be handled
therein, and such other information as the city may deem necessary. If the application is for a
renewal of a previous license and no changes in the premises, structures, or operation have been
made or are contemplated to be made, a new plan or description need not be provided but the
completeness and accuracy of the existing plan must be so certified.
Subd. 2. Procedure.
(a) The city clerk shall forward complete applications to the animal control officer for
review.
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(b) The animal control officer shall review the application, conduct an inspection of the
property if deemed needed, and make a recommendation regarding the requested
license.
(c) The city council shall determine whether to issue the requested license.
Subd. 3. License term. Licenses expire on April 30 of each year.
Subd. 4. Posting. A commercial kennel license must be posted in a conspicuous place on
the property. A multiple animal license need not be posted, but must be produced upon request by
the city.
Subd. 5. Vaccination of animals. A certificate of vaccination for rabies shall be kept for
every dog, cat, and ferret kept at a licensed premises and must be produced upon request by the
city.
910.11. Pot-bellied pigs. In additional to the other regulations contained in this section, the
following additional regulations shall apply to pot-bellied pigs.
Subd. 1. Only one allowed. No person may keep more than one pot-bellied pig, which must
be kept solely for the private use and enjoyment of the person.
Subd. 2. Single-family dwelling. A pot-bellied pig may be kept only by residents of single
family detached dwellings.
Subd. 3. Neutered or spayed. All male pot-bellied pigs must be neutered by the age of three
months, and all female pot-bellied pigs must be spayed by the age of one year. The owner shall
maintain a record showing the animal has been neutered or spayed by a licensed doctor of
veterinary medicine upon the animal reaching the age indicated herein.
910.13. Chickens. In additional to the other regulations contained in this section, the following
additional regulations shall apply to chickens.
Subd. 1. Prohibitions.
(a) No person shall keep on any single family or two family residential property more than
four total chickens. Chickens are not counted toward the number of animals that may
be kept on a property without a multiple animal license.
(b) No person shall keep roosters, or adult male chickens, on any property within the city.
(c) Chickens are not allowed on properties with three or more dwelling units.
(d) Cockfighting is specifically prohibited within the city.
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(e) The slaughter of chickens is prohibited in the city.
(f) The raising of chickens for breeding purposes is prohibited in the city.
(g) Chickens over the age of four weeks shall not be kept inside of a dwelling or garage.
Subd. 2. Owner present. The owner of the chickens shall live in the dwelling on the
property. If the property is not owner-occupied, then the property owner must provide a written
statement to the city confirming that the tenant may have chickens at the property.
Subd. 3. Shelter requirements. Chickens shall be properly protected from the weather and
predators in a shelter or coop, and have access to the outdoors in an enclosure or fenced area. The
shelter and/or enclosure shall meet all of the following requirements:
(a) Applicable building, property maintenance and zoning requirements of Crystal city
code, chapters 4 and 5;
(b) All electrical work shall be done according to applicable codes and with appropriate
permits;
(c) The shelter shall be situated closer to the chicken owner’s dwelling than to any of the
neighboring dwellings, and in no case closer than five feet to the lot line;
(d) Shelter and enclosure must not be located closer to an adjacent street than the owner’s
dwelling;
(e) Screening from abutting residentially used properties and streets in the form of a solid
privacy fence of at least four feet in height constructed according to the fence standards
of Crystal city code, section 515.13, subdivision 7 shall be provided for the shelter and
enclosure;
(f) A shelter shall not exceed 120 square feet in size and shall not exceed six feet in height;
(g) An enclosure or fenced area for chickens shall not exceed 20 square feet per bird and
shall not exceed six feet in height and shall have protected overhead netting to prevent
attracting predators and other animals running at large;
(h) An enclosure or fenced area may be constructed with wood and/or woven wire
materials that allow chickens to contact the ground; and
(i) The structure must be properly constructed and of quality materials to deter rodents and
predators.
Subd. 4. Prevention of nuisance conditions. Owners shall care for chickens in a humane
manner and shall prevent nuisance conditions by ensuring the following conditions are met:
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(a) The shelter and enclosure are maintained in good repair, and in a clean and sanitary
manner free of vermin and objectionable odors;
(b) Feces and discarded feed is regularly collected and stored in a leak-proof container with
a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can
be disposed properly;
(c) Chicken feed shall be stored in leak-proof containers with a tight-fitting cover to
prevent attracting vermin;
(d) Chickens shall be secured inside of a shelter from sunset to sunrise each day to prevent
nuisance noise and attracting predators;
(e) Chickens shall remain in either the shelter or enclosure at all times and shall not run at
large; and
(f) The shelter shall be winterized to protect the chickens in cold weather.
Subd. 5. Sale of farm poultry or eggs. Owners must comply with all requirements and
performance standards for home enterprises in Crystal city code, subsection 515.33, subdivision
3b and all Minnesota Department of Agriculture requirements for the sale of eggs.
910.15. Manner of keeping animals.
Subd. 1. Sanitary conditions. It shall be unlawful to engage in any of the following:
(a) Keeping an animal in an unclean or unsanitary place or in an unclean or unsanitary
condition so as to endanger the animal's health or safety;
(b) Owning, harboring, keeping, or having in possession or on one’s premises an animal
in a manner that produces an odor that can be detected by any person from a location
outside of the building or premises where the animal is kept; or
(c) Owning, harboring, keeping, or having in possession or on one's premises an animal
that by howling, yelping, barking, fighting or otherwise, produces noise that disturbs
the peace, quiet or repose of a person of ordinary sensibility.
Subd. 2. Basic care. All animals shall receive kind and humane treatment from their
owners, which shall include proper, adequate, clean, ventilated, and sanitary housing or shelter
from the elements and sufficient food and water for their comfort. Failure to provide basic care is
a violation of this section.
Subd. 3. Removal of animal feces required. An owner or custodian shall immediately pick
up and remove any feces deposited on public property or on the property of another. Any such
person must have in their possession a means to collect and dispose of all fecal matter in a proper
manner.
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13
Subd. 4. Accumulation of feces prohibited. An owner or custodian shall keep the premises
on which an animal is kept free from an unreasonable accumulation of fecal matter.
910.17. Confinement and control. A person who owns or keeps an animal, or the parent or guardian
of a person under 18 years of age who keeps an animal, may not permit the animal to be on private
land in the city unless the animal is effectively restrained from leaving the land by leashing or
fencing, except on the owner's own private land. The owner of the land may keep an animal on
that land but the animal must be kept under the immediate supervision and verbal command of a
responsible person. A person having custody or control of an animal may not permit the animal to
be on public property in the city unless the animal is effectively restrained by leash not exceeding
six feet in length. An animal in heat must be confined in an enclosure that prevents its escape and
the entry of other animals. While on the owner’s property, a dog designated as dangerous must be
kept in a proper enclosure and as otherwise provided in Minnesota Statutes, sections 347.51 and
347.52 and this section.
910.19. Public nuisance.
Subd. 1. Violation. An animal is a public nuisance if its owner or custodian violates
Crystal city code, subsection 910.15:
(a) Three times within a period of 60 consecutive days;
(b) Four times within a period of 180 consecutive days; or
(c) Five times within a period of 360 consecutive days.
For purposes of this subsection, the date of a violation is the date the violation occurs, not the date
of conviction for the violation.
Subd. 2. Other nuisance conditions. An animal is a public nuisance if the animal:
(a) Attacks a person without provocation, causing injury to that person;
(b) Attacks a domestic animal outside the premises of the animal's owner, causing injury
to that domestic animal;
(c) Has a demonstrated propensity to attack without being provoked or to otherwise
endanger the safety of persons or domestic animals;
(d) Habitually interferes with the public use of a public right-of-way;
(e) Habitually destroys or damages real or personal property of a person other than its
owner; or
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(f) Is required to be quarantined pursuant to section, but is at large.
Subd. 3. Proceedings for disposition of nuisance animals. An animal that is a public
nuisance under this subsection is to be disposed of in the manner provided by Minnesota Statutes,
sections 347.04 to 347.07.
Subd. 4. Complaint. The complaint required by Minnesota Statutes, sections 347.04 to
347.07 may be prepared and presented to the district court by the animal control officer or any
peace officer designated by the police chief.
910.21. Commercial kennels.
Subd. 1. Design. Kennel floors and walls must be constructed of impervious and easily
cleanable materials and all structures, areas, and accessories shall be designed to facilitate frequent
and easy cleaning. All areas must be adequately and properly ventilated. Every kennel must be
suitably enclosed or fenced in such a manner as to prevent the running at large or escape of animals
confined therein. Doors, windows and other openings must be screened from May 1 to October 1.
The premises must be provided with the adequate and safe sewer and water connections, plumbing
and plumbing fixtures.
Subd. 2. Construction. New kennels or repairs or alterations of existing kennels must have
plans filed with and approved by the animal control officer, and or the building official if such
construction is subject to the state building code, before a building permit may be issued. All new
construction or reconstruction must comply with this section and other applicable provisions of
this Crystal city code.
Subd. 3. Operation. Kennels must be maintained in a clean, healthful, sanitary, and safe
condition and so as not to create a health hazard or public nuisance. Kennels must be operated in
a humane manner, and the licensee and persons having charge thereof and their employees or
agents may not deprive the animals of necessary food, water or shelter, or perform any act of
cruelty to the animals or in any way further any acts of cruelty toward them or any act tending to
produce such cruelty.
Subd. 4. Conditions. Cages, pens, benches, boxes or receptacles in which the animals are
confined must be kept clean, sanitary and in good repair and must be properly sufficient and
humane in size for the confinement of the animals. Show or display cases, windows, counters and
shelves used in handling the animals must be kept clean, sanitary, free from dust and dirt and in
good repair. Plumbing fixtures and other accessories must be kept in a clean and sanitary condition
and in good repair. Delivery vehicles must be kept clean. Utensils used in the preparation of food
and the feeding of the animals must be kept clean, sanitary and in good repair. The use of the
utensils for such purpose that are badly worn, rusted or corroded or in such condition that they
cannot be rendered clean and sanitary, is prohibited.
Subd. 5. Waste disposal. Refuse and other wastes must be removed frequently and stored
and disposed of as set forth in Crystal city code, section 605 or by another method approved by
the city.
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Subd. 6. Records. A commercial kennel licensee must keep the records deemed necessary
by the city.
910.23. Animal pounds.
Subd. 1. Designation. The city shall designate one or more animal pounds at which animals
seized shall be kept in accordance with Minnesota Statutes, section 346.47.
Subd. 2. Disposal. Animals impounded under this section must be held in accordance with
Minnesota Rules, part 1721.0520, and may be disposed of as outlined in Minnesota Rules, part
1721.0520, subpart 10.
Subd. 3. Reclamation. An owner or claimant of a dog impounded by reason of violation of
any provision of this section may reclaim the dog within five business days upon obtaining a
license therefor, if unlicensed, and paying the appropriate impounding fees as set forth in
appendix IV. The reclamation of a dangerous dog is set forth in Crystal city code, subsection
910.39.
910.25. Impounding.
Subd. 1. Animal bites. An animal that is capable of transmitting rabies and that has bitten
a person such that the skin has been broken, as determined by the responding officer, or the person
seeks the services of a doctor, must be taken up and impounded at the city animal pound and
quarantined for at least ten days from the time of the bite, and in any event until it is determined
whether or not the animal had or has rabies. If the animal has bitten a person, the animal may be
immediately euthanized if required to test for rabies as determined by the state or county health
authority, as recommended by the Centers for Disease Control may be, or at the request of the
owner. If non-lethal testing is possible and the animal is found to be rabid, it must be destroyed;
if it is found not to be rabid, it will be returned to the owner provided that owner first pays for the
cost of impounding and quarantining it. If the owner does not pay such costs within five business
days after being notified to claim or retrieve the animal, the animal may be disposed of as provided
in Crystal city code, subsection 910.23. If the animal control officer determines that exceptional
medical conditions so require, the officer may permit the animal to be impounded and quarantined
at an impounding facility other than the city animal pound, provided that the facility must be one
acceptable to the police chief and the animal must be kept separate and apart from all other animals
and under the care and supervision of a licensed veterinarian. The cost incurred by the city in
carrying out the provisions of this subsection must be paid by the owner of the impounded animal.
Subd. 2. Bitten animals. An animal that has been bitten by a known rabid animal must be
impounded. The animal may be immediately killed if it cannot, with reasonable effort, be captured
and impounded. An animal impounded under this subsection shall be destroyed unless the owner
makes provisions for a suitable quarantine period of not less than six months for unvaccinated
animals, or if the owner provides proof of a previous vaccination for a period of 30 days.
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Subd. 3. Potentially dangerous or dangerous dogs. A potentially dangerous or dangerous
dog shall not be returned to its owner until the owner has complied with the relevant provisions of
state law and this section and paid all associated costs. The police chief has the discretion to
determine if the dog may be returned to its owner before the owner has complied with all the
relevant provisions.
910.27. Suspension and revocation of commercial kennel license. A commercial kennel license
may be temporarily suspended by the animal control officer, with the approval of the city manager,
for violation by the licensee of any of the terms of this section that constitute a health hazard or
creates a nuisance, or revoked after an opportunity for a hearing by the city council upon a serious
violation or repeated violations upon recommendation of the animal control officer.
910.29. Special events. It is unlawful to bring an animal onto city park property during a special
event conducted on that park property. The city manager is authorized and directed to prepare and
promulgate rules specifying the beginning and ending times of the special events designated by
the city council during which the prohibition will be in effect.
910.31. Exceptions. This section does not apply to the following:
(a) A dog owned and controlled by local, state and federal law enforcement agencies that
is used in law enforcement or related activities;
(b) Animals actually used by handicapped persons for personal assistance;
(c) Animals used for entertainment purposes as part of an authorized special event;
(d) Persons or places selling only frogs, fish, worms or reptiles for use as live bait for
fishing; or
(e) Animals which are allowed to be off-leash in a designated off-leash park, unless as
otherwise determined by the city.
Potentially Dangerous and Dangerous Dogs
910.33. Adoption by reference. Except as otherwise provided in this section, the regulatory and
procedural provisions of Minnesota Statutes, sections 347.50 to 347.565, which provide for the
regulation of dangerous and potentially dangerous dogs, are adopted by reference.
910.35. Potentially dangerous dogs.
Subd. 1. Notice to owner of declaration. The animal control officer shall notify the owner
by delivering, mailing, or posting on the owner’s residence a notification informing the owner of
the declaration of its dog as potentially dangerous, the basis for the declaration, the procedure for
appealing the declaration, and the result of the owner’s failure to appeal the declaration as
described in subdivision 2 of this section.
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Subd. 2. Appeal. An appeal of the declaration must be submitted on the form supplied by
the city. The completed form and appeal fee must be submitted to the police department within 14
days of notification. Appeals consist of a record review by the police chief. The owner shall be
notified of the results of the record review within ten days of the receipt of the completed appeal
form and appeal fee. If the owner fails to appeal the declaration within 14 days, the owner forfeits
the right to appeal and the declaration of the dog as potentially dangerous is final. If the declaration
is upheld, the owner must comply with all applicable requirements.
Subd. 3. Registration. Any person who has a dog that has been designated as potentially
dangerous dog pursuant to this section or pursuant to Minnesota Statutes, section 347.50, must
register the dog as a potentially dangerous dog with the city.
(a) The owner shall make the potentially dangerous dog available to be photographed by
the animal control officer for identification purposes at a time and place specified by
the animal control officer.
(b) The registration of the potentially dangerous dog must be renewed annually with the
city until the dog is deceased or is determined to be no longer potentially dangerous.
The current owner of a potentially dangerous dog must notify the animal control officer
in writing of the death of the dog or its transfer to another owner or to another location
within 30 days of the dog’s death or transfer. If requested by the city, the owner must
execute an affidavit under oath setting forth the circumstances of the dog’s death and
disposition or the complete name, address, email address, and telephone number of the
person to whom the dog was transferred to. The animal control officer, or its designee,
shall be allowed to inspect the dog and the place where the dog is now located at any
reasonable time.
(c) The owner of a potentially dangerous dog must be 18 years of age or older.
Subd. 4. Microchip implantation. Any dog that is determined to be potentially dangerous
by the city pursuant to the definition and process contained in this section or pursuant to Minnesota
Statutes, section 347.50 shall be implanted with a microchip for identification purposes within 14
days of the final declaration of the dog as potentially dangerous. All costs related to purchase and
implantation of the microchip shall be borne by the owner of the dog. The name of the microchip
manufacturer and identification number of the microchip, along with the owner’s telephone
number, address, and email address, must be provided to the city. If the microchip is not implanted
by the owner, the city may have a microchip implanted in the dog at the owner’s expense. Upon
request, the owner or custodian of a potentially dangerous dog must make the dog available to the
animal control officer for an inspection to determine whether a microchip has been implanted.
Subd. 5. Sterilization. The city may require a potentially dangerous dog to be sterilized at
the owner’s expense within 30 days of the final declaration of the dog as potentially dangerous. If
the owner does not have the dog sterilized, the animal control officer may arrange for and have the
dog sterilized at the owner’s expense. Upon request, the owner of a potentially dangerous dog must
make the dog available to the animal control officer for an inspection or provide proof in the form
of a statement from a licensed veterinarian to determine whether the dog has been sterilized.
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Subd. 6. Obedience class. The city may require that the owner and its potentially dangerous
dog attend an evaluation conducted by an animal behaviorist.
910.37. Dangerous dogs.
Subd. 1. Notice to owner of declaration. The animal control officer shall notify the owner
of the declaration by delivering, mailing, telephoning if possible, or posting a notification on
the owner’s residence. The notice shall include:
(a) A description of the dog; the authority for and purpose of the dangerous dog
declaration and seizure, if applicable; the time, place, and circumstances under which
the dog was declared dangerous; and the telephone number and contact person where
the dog is being kept, if applicable;
(b) A statement that the owner of the dog may request a hearing concerning the
dangerous dog declaration and, if applicable, prior potentially dangerous dog
declarations for the dog, and that failure to do so within 14 days of the date of the
notice will terminate the owner’s right to a hearing;
(c) A statement that if an appeal request is made within 14 days of the notice, the owner
must immediately comply with the requirements of Minnesota Statutes, section
347.52, paragraphs (a) and (c), and until such time as the hearing officer issues
an opinion;
(d) A statement that if the hearing officer affirms the dangerous dog declaration, the
owner will have 14 days from receipt of that decision to comply with all other
requirements of Minnesota Statutes, sections 347.51, 347.515, and 347.52 and this
section.
(e) A form to request a hearing; and
(f) A statement that all actual costs of the care, keeping, and disposition of the dog are
the responsibility of the person claiming an interest in the dog, except to the extent
that a court or hearing officer finds that the seizure or impoundment, if applicable,
was not substantially justified by law.
Subd. 2. Hearing. Any hearing must be held within 14 days of the request to determine the
validity of the dangerous dog declaration. The hearing will be held before an impartial hearing
officer. In the event that the dangerous dog declaration is upheld by the hearing officer, actual
expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog’s owner.
The hearing officer shall issue a decision within ten days after the hearing. The decision must be
delivered to the dog’s owner by hand delivery or registered mail as soon as practical and a copy
must be provided to the animal control officer.
Subd. 3. Registration. Any person who has a dog that has been designated as a dangerous
dog pursuant to this section or pursuant to Minnesota Statutes, section 347.50, subdivision 1, must
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register the dog as a dangerous dog with the city, pay an annual fee in addition to the dog license
fee, and meet at other requirements set forth in this subsection as well as those provided in
Minnesota Statutes, sections 347.51, 347.515, and 347.52. After being presented with sufficient
evidence that the state law and the city requirements have been met as provided below and in state
law, the city shall issue a certificate of registration to the owner of a dangerous dog.
(a) The owner shall make the dangerous dog available to be photographed by the animal
control officer for identification purpose at a time and place specified by the animal
control officer.
(b) The registration of the dangerous dog must be renewed annually with the city until
the dog is deceased or is determined to be no longer dangerous. The current owner
of the dangerous dog must notify the animal control officer in writing of the death of
the dog or its transfer to another owner or to another location within 30 days of the
dog’s death or transfer. If requested by the city, the owner must execute an affidavit
under oath setting forth the circumstances of the dog’s death and disposition or the
complete name, address and telephone number of the person to whom the dog was
transferred to.
(c) The owner of the dangerous dog must be 18 years of age or older.
(d) The owner of a dangerous dog must post a sign with the uniform dangerous dog
warning symbol in a conspicuous location near the front door of the property. The city
shall provide the owner with a warning symbol for posting on the owner’s property
pursuant to Minnesota Statutes, section 347.51, subdivision 2a. The city may charge
the registrant a reasonable fee for the symbol.
(e) A dangerous dog must be securely confined indoors or confined in a secure outdoor
enclosure suitably sized for the dog and otherwise meeting the requirements of a
proper enclosure. An enclosure is secure and proper within the meaning of this
section if it meets the following minimum specifications:
(1) A floor area of 32 square feet per animal kept in such enclosure;
(2) A sidewall height of five feet, constructed of 11 gauge or heavier wire with
openings that do not exceed two inches;
(3) If the enclosure is on a permeable surface, the fence must be buried in a minimum
of 18 inches into the ground;
(4) The support posts are one and one-quarter (1-1/4) inch or larger steel pipe buried a
minimum of 18 inches into the ground;
(5) A cover over the entire kennel that is constructed of the same gauge wire as the
sidewalls or heavier with openings to greater than two inches;
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(6) An entrance/exit self-closing, self-locking gate constructed of the same material as
the sidewalls and with openings no greater than two inches; and
(7) In compliance with all zoning setbacks requirements unless a variance is
obtained.
(f) When the dog is confined in an enclosure, all access points of the enclosure must be
locked. The animal control officer may seize a dangerous dog that is unconfined while
on the owner’s property and not otherwise restrained as provided below.
(g) A dangerous dog shall be sterilized at the owner’s expense within 30 days of the
final determination of the dog as dangerous. If the owner does not have the dog
sterilized, the animal control officer, or its designee, may arrange for and may have the
dog sterilized at the owner’s expense. Upon request, the owner of a dangerous dog must
make the dog available to the animal control officer, or its designee, for an inspection
to determine whether the dog has been sterilized.
(h) Any dog that is determined to be dangerous by the city pursuant to the definition
contained within this section or pursuant to Minnesota Statutes, section 347.50 shall
be implanted with a microchip for identification purposes within 14 days of the final
determination of the dog as dangerous. All costs related to purchase and implantation
of the microchip shall be borne by the owner of the dog. The name of the microchip
manufacturer and identification number of the microchip must be provided to the city.
If the microchip is not implanted by the owner, the city may have a microchip
implanted in the dog at the owner’s expense. Upon request, the owner or custodian
of a dangerous dog must make the dog available to the animal control officer, or its
designee, for an inspection to determine whether a microchip has been implanted.
(i) The owner must obtain a surety bond or a policy of liability insurance from a company
authorized to conduct business in Minnesota in the amounts set forth in Minnesota
Statutes, section 347.51, subdivision 2.
Subd. 4. Obedience class. The city may require that the owner and its dangerous dog attend and complete an approved obedience class.
Subd. 5. Restraint. If a dangerous dog is outside of the proper enclosure, it must be securely
muzzled and restrained with a chain not exceeding three feet in length, and having a tensile strength
sufficient to restrain it. The dog’s muzzle must be designed in a manner that will prevent it from
biting any person or animal but that will not cause injury to the dog or interfere with its vision or
respiration.
Subd. 6. Removal of dangerous dog classification. Beginning six months after a dog is
declared a dangerous dog, pursuant to Minnesota Statutes, section 347.51, subdivision 3a, the
owner may request on an annual basis that the city review the dog’s designation as a dangerous
dog. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age,
neutering, environment, completion of obedience training that includes modification of aggressive
behavior, or other factors. If the police department, or its designee, finds sufficient evidence that
6.2
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the dog’s behavior has changed, the city may rescind the dangerous dog classification or take any
other reasonable action suggested by the facts. The owner of the dog shall be notified in writing
of the review results within ten days of receipt of the request.
Subd. 7. Concealment. Any person who harbors, hides, or conceals a dog declared dangerous
that has been ordered into custody shall be guilty of a misdemeanor.
910.39. Seizure of dangerous dogs.
Subd. 1. Required. The animal control officer shall immediately seize a dangerous dog if:
(a) After 14 days after the owner has notice that the dog is dangerous, the dog is not
validly registered under Minnesota Statutes, section 347.51;
(b) After 14 days after the owner has notice that the dog is dangerous, the owner does not
secure the proper liability insurance or surety coverage;
(c) The dog is not maintained in the proper enclosure;
(d) The dog is outside the proper enclosure and not under physical restraint of a
responsible person; or
(e) The dog is not sterilized within 30 days.
If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may
order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner
pay the costs incurred in confiscating, confining, and destroying the dog.
Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 of this subsection may
be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and
presenting proof to the animal control officer, that the requirements of Minnesota Statutes, sections
347.51 and 347.52 will be met. A dog not reclaimed under this subdivision within seven days may
be disposed of in accordance with law and the owner is liable for costs incurred in confining and
disposing of the dog.
Subd. 3. Subsequent offenses. If a person has been convicted of a misdemeanor for
violating a provision of Minnesota Statutes, sections 347.51, 347.515, or 347.52, and the person is
charged with a subsequent violation relating to the same dog, the dog will be seized by the animal
control officer. If the owner is convicted of the crime for which the dog was seized, the court shall
order that the dog be destroyed in a proper and humane manner and the owner pay the cost of
confining and destroying the animal. If the owner is not convicted and the dog is not reclaimed by
the owner within seven days after the owner has been notified that the dog may be reclaimed, the
dog may be disposed of in accordance with law.
Subd. 4. Prevention of disposition of seized dogs. A person claiming an interest in a seized
dog may prevent disposition of the dog by posting security in an amount sufficient to provide for
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the dog’s actual cost of care and keeping. The security must be posted within seven days of the
seizure inclusive of the date of the seizure.
Subd. 5. Right to a hearing when dog seized. The owner of any seized dog has the right to
a hearing before an impartial hearing officer. The notice and hearing requirements provided in
section 910.37, subdivisions 1 and 2, shall apply.
910.41. Restrictions on future ownership.
Subd. 1. Convictions. A person may not own a dog if he or she has been convicted of any
of the violations set forth in Minnesota Statutes, section 347.542. This prohibition applies to any
member of that same person’s household.
Subd. 2. Non-compliance. An owner of a potentially dangerous dog or dangerous dog that
fails to comply with the requirements of this section or state law may be prohibited or restricted
from future ownership or custody of other dogs. An owner in violation of this section or state law
shall be notified in writing and may request a hearing within 14 days of the receipt of the notice of
violation. If a hearing is requested, the police chief shall schedule a hearing before an impartial
hearing officer within 14 days of the receipt of the request. A hearing fee shall be paid to the city
prior to the scheduling of the hearing. The owner shall be notified of the hearing results in writing
within ten days.
910.43. Penalty.
Subd. 1. Failure to comply with statutory requirements. A person who violates a provision
of Minnesota Statutes, sections 347.51, 347.515, or 347.52 is guilty of a misdemeanor.
Subd. 2. Failure to comply. It is a misdemeanor to remove a microchip from a dangerous
or potentially dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account
for a dangerous dog’s death or change of location where the dog will reside, to sign a false affidavit
with respect to a dangerous dog’s death or change of location where the dog will reside, or to fail
to disclose ownership of a dangerous dog to a property owner from whom the person rents
property.
Subd. 3. Enhanced penalty. A person who is convicted of a second or subsequent violation
of subdivisions 1 or 2 of this subsection is guilty of a gross misdemeanor.
Subd. 4. Ownership violation. An owner who violates Minnesota Statutes, section
347.542, subdivision 1, or Crystal city code, subsection 910.41, subdivision 1 is guilty of a gross
misdemeanor.
Subd. 5. Household member violation. Any household member who knowingly violates
Minnesota Statutes, section 374.542, subdivision 2, or Crystal city code, section 910.41,
subdivision 1 is guilty of a gross misdemeanor.
910.45. Destruction of a dog in certain circumstances.
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Subd. 1. Circumstances. Notwithstanding Minnesota Statutes, sections 347.51 to 347.55, a
dog may be destroyed in a proper and humane manner by the animal control officer, if the dog:
(a) Inflicted substantial or great bodily harm on a human on public or private property
without provocation;
(b) Inflicted multiple bites on a human on public or private property without provocation;
(c) Bit multiple human victims on public or private property in the same attack without
provocation; or
(d) Bit a human on public or private property without provocation in an attack where more
than one dog participated in the attack.
Subd. 2. Hearing. The dog may not be destroyed until the owner has had the opportunity
for a hearing before an impartial decision maker.
910.47. Public protection from dogs. An owner of a dog shall at all times prevent the dog from
attacking, biting, or otherwise causing injury or attempting to cause injury to any person engaged
in a lawful act or from causing injury or attempting to cause injury to a domestic animal.
910.49. Conditioning equipment prohibited.
Subd. 1. Equipment use. No person shall use or possess any device, equipment, treatment
or products for the strengthening or conditioning of an animal with the intent to enhance the
animal’s ability to inflict bodily injury upon human beings or domestic animals on public or private
property.
Subd. 2. Exception. This prohibition shall not apply to equipment used to train a dog for
recreational hunting assistance. Recreational hunting training assistance equipment shall include,
but is not limited to, soft hold training and decoy retrieval apparatuses.
910.51. Collars, leashes, tie outs.
Subd. 1. Collars. Collars may not exceed two pounds in weight and must be made of
durable material strong enough to hold the dog it is intended for. No collars are to be used other
than for humane restraint. Collars may not be equipped with any type of sharp prongs on the inside
of the collar or weighted devices that may cause injury or discomfort to the animal’s neck. Blunt
pronged training collars are permitted if property fitted and unaltered from the manufactured
design.
Subd. 2. Leashes. Leashes must not exceed six feet in length.
Subd. 3. Chains, tethers and tie outs. Chains, tethers, or tie outs must be at least three times
the length of the animal secured to it. Tie outs must be of durable material, strong enough to hold
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the animal it is intended for. Any animal secured with a tie out must be in an area that would not
allow the animal to become tangled around objects while allowing access to shelter and water. Tie
outs must be placed in such a location as to inhibit the animal secured from reaching a public
sidewalk, street or alley. The tie out must not allow the secured animal access to any neighboring
property unless written permission has been obtained from the property owner. Animals may only
be restrained in a humane manner.
ARTICLE V. Chapter IX, Section 925.01 of the Crystal City Code is hereby amended by deleting
the stricken material and adding the double-underlined material as follows:
Section 925 - Inhaling or consumption of chemicals hazardous substances or glue
925.01. Prohibition. It is unlawful to intentionally inhale, breathe, or drink, or otherwise ingest a
hazardous substance any compound liquor or chemical containing toluol, hexane, trichlorethylene,
acetone, toluene, ethyl acetate, fluorocarbon, methyl ethyl ketone, trichoroathane, isopropahol,
methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other glue or adhesive
substance, hereinafter referred to as "glue", for the purpose of inducing symptoms of intoxication,
elation, dizziness, paralysis, irrational behavior, physical, or in any manner change, distort, or
disturb the audio, visual, or mental processes. For the purpose of this subsection, any such
condition so induced must be deemed to be an intoxicated condition; provided, however, that the.
For the purposes of this subsection “hazardous substance” includes those substances identified in
Minnesota Rule, part 5206.0400, subpart 5, which is incorporated herein by reference, and any
additional substances identified by the city council by resolution as a hazardous substance. The
provisions of this subsection must do not apply to any person who inhales, breathes, or drinks, or
otherwise ingests such material or substance pursuant to the direction or prescription of any doctor,
physician, surgeon, dentist, or podiatrist or other licensed medical professional authorized by law
to so direct or prescribe.
ARTICLE VI. This ordinance is effective upon adoption and 30 days after publication.
First Reading: September 4, 2018
Second Reading: October 2, 2018
Council Adoption:_________, 201__
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
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ATTEST:
____________________________
Trudy Tassoni
Administrative Services Coordinator
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CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2018-__
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2018-04
WHEREAS, the Crystal City Council adopted Ordinance No. 2018-04 “An Ordinance
Amending Chapters IV and IX of the Crystal City Code” (“Ordinance”) at its meeting held on October
2, 2018; and
WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal
City Code indicate that ordinances approved by the City Council will be published in summary
form and that the City Council is to approve the form of the summary.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the
following summary language is hereby approved for publication of the Ordinance:
CITY OF CRYSTAL
AN ORDINANCE AMENDING CHAPTERS
IV and IX OF THE CRYSTAL CITY CODE
SUMMARY OF ORDINANCE No. 2018-04
Ordinance No. 2018-04 has been approved by the city council on October 2, 2018. A printed copy
of the full text of the ordinance is available for public inspection in the office of the city clerk and
is available on the city’s website.
The ordinance amends Chapters IV and IX of the Crystal City Code dealing with late fees
for license renewals under subsection 425.17 and updating the emergency management,
fire prevention, animal control, and hazardous substances provisions in Chapter IX. The
amendments to the emergency management and fire prevention provisions were primarily
to update the language to reflect current law and practices. More substantive changes were
made to the animal control section, including changes to licensing. The section was
restructured to clarify the types of licenses needed and to make the regulations easier to
read. The hazardous substances that are prohibited to ingest were modified. The ordinance
is effective 30 days after publication.
BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do
each of the following:
1. Publish the approved summary language once in the City’s official newspaper;
2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of
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the summary language in the City’s ordinance book;
3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk
during the City’s regular business hours;
4. Incorporate the text of the Ordinance into the Crystal City Code; and
5. Post the updated Crystal City Code on the City’s website.
Adopted this 2nd day of October, 2018.
BY THE CITY COUNCIL
_________________________________
Jim Adams, Mayor
ATTEST:
________________________________
Trudy Tassoni
Administrative Services Coordinator
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538187v1 TJG CR225-423
Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: September 26, 2018 (October 2, 2018 Council Meeting)
Re: Amendments to Chapters 10 & 11 (Business Licensing) – First Reading
The City Council has discussed and reviewed the proposed amendments to Chapters 10 & 11 of the
code during at least three work sessions. The proposed amendments, including the revisions directed
by the City Council, are now before the City Council for a first reading. The proposed amendments
are in a delete-all format, which allowed my office to update the formatting to accord with the
formatting directions provided by the Code Review Task Force.
Chapter 10
•This chapter provides the general requirements associated with business licensing and
permits.
•A chart of the businesses subject to licensing was added that indicates some of the key
requirements and refers to the specific subsection in Chapter 11 containing the regulations
applicable to each business type.
•Various revisions were made to clarify and make the regulations/requirements easier to read.
Chapter 11
•This chapter contains the regulations applicable to specific business types.
•At the direction of the City Council, this chapter was substantially revised to limit the types
of businesses subject to city licensing.
•An effort was made to use a similar format for setting out the regulations in each section.
•The specific penalties for violations were removed and will be inserted into appendix IV.
The Council is being asked to consider and act on the first reading of the ordinance.
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CITY OF CRYSTAL
ORDINANCE #2018-____
AN ORDINANCE REPLACING CHAPTERS X
AND XI OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter X of the Crystal City Code is hereby deleted in its entirety and replaced
with the following:
CHAPTER X
LICENSES AND PERMITS; GENERAL PROCEDURES
Section 1000 – General licensing provisions
1000.01. Purpose. By the enactment of this section, the city council intends to establish a
uniform system for the issuance, denial, revocation, suspension, and renewal of business licenses
required by this Crystal city code. The specific provisions for each business license are contained
in chapter XI.
1000.03. Businesses requiring a license. The following businesses, as defined in Crystal city
code, chapter XI, are subject to this section, the applicable subsection in Crystal city code, and
require a license issued by the city.
Business Bond
Insur-
ance
Tax
Return
Site
Inspection
Background
Investigation
Public
Hearing
Record-
keeping/
Reports
Limited
Hours
Regu-
lated by
Sub-
section
Consumer
Fireworks
X 1100
Tobacco X 1105
Peddlers/
Solicitors
X X 1110
Tree Trimming X X 1115
Secondhand
Dealers X
X X X 1120
Pawnbrokers X X X X X 1125
Lawful
Gambling
X X X 1130
Adult
Establishments
X X X X 1135
Therapeutic
Massage X
X X X 1140
Alcohol licensing is addressed in Crystal city code, chapter XII.
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1000.05. Fees. The fees for the various licenses are adopted by council resolution from time to
time and are set out in Crystal city code, appendix IV. An application is not complete, and shall
not be processed, until the required fees have been submitted to the city.
1000.07. Application of chapter; conflicts. The provision of this section shall apply to all city
licenses. Other provisions related to specific licenses are intended to supplement the provisions
in this section, unless they conflict with the provisions of this section in which case the
provisions related to the specific licenses shall prevail.
1000.09. Licenses required. It is unlawful to engage in a trade, profession, business, or privilege
in the city for which a license is required by any provision of this Crystal city code without first
obtaining a license from the city in the manner provided in Crystal city code, chapters X and XI,
and any other applicable provisions.
1000.11. License application.
Subd. 1. Contents. Application for all new licenses and renewals shall be made to the
city clerk upon forms provided by the city and shall include all information requested in such
forms. Any application submitted on the incorrect form or that is incomplete shall be rejected
and shall not be processed. The city manager is authorized to determine if an application is
complete and, if not, what additional information is required to make it complete. Unless the
applicable application form indicates otherwise, every new application must provide the
following information:
(a) If the applicant is a natural person:
(1) The name, description, date of birth, street address, phone number, and
email address of applicant;
(2) Whether the applicant is a citizen of the United States or resident alien;
(3) Whether the applicant has ever used or has been known by a name other
than the applicant’s name, and if so, any other names used and information
concerning dates and places used;
(4) The street address at which the applicant has lived during the preceding
ten years;
(5) Whether the applicant has ever been convicted of a felony, crime, or
violation of any ordinance other than a traffic ordinance. If so, the
applicant must furnish information as to the time, place, and offense of all
such convictions;
(6) The applicant’s current personal financial statement and true copies of the
applicant’s federal and state tax returns for the two years prior to
application; and
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(7) The type, name, and location of every business or occupation in which the
applicant has been engaged during the preceding five years and the names
and addresses of the applicant’s employers and partners, if any, for the
proceeding five years;
(8) The name of the business if it is to be conducted under a designation,
name, or style other than the name of the applicant and a certified copy of
the certificate as required by Minnesota Statutes, section 333.01, as it may
be amended;
(9) If the applicant does not manage the business, the name of the managers or
other persons in charge of the business and all information concerning
each of them required in (a)(1)-(5) of this subdivision.
(b) If the applicant is a partnership:
(1) The names and addresses of all general and limited partners and all
information concerning each general partner required in (a)(1)-(5) of this
subdivision;
(2) The names of the managing partners and the interest of each partner in the
licensed business;
(3) A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name pursuant to Minnesota Statutes, section 333.01, as it may be
amended, a certified copy of such certificate must be attached to the
application;
(4) A true copy of the federal and state tax returns for the partnership for the
two years prior to application; and
(5) If the applicant does not manage the business, the name of the managers or
other persons in charge of the business and all information concerning
each of them required in (a)(1)-(5) of this subdivision.
(c) If the applicant is a corporation or other organization:
(1) The name of the corporation or business form, and if incorporated, the
state of incorporation;
(2) A true copy of the Certificate of Incorporation, Articles of Incorporation
or Association Agreement, and By-laws shall be attached to the
application. If the applicant is a foreign corporation, a Certificate of
Authority issued pursuant to Minnesota Statutes, section 303.06, as it may
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be amended, must be attached. Any proposed change in either the articles
or the by-laws of the corporation must be reported to the city clerk 14 days
prior to the date such change is to be adopted by the corporation. In the
case of a corporate application the application must also describe fully the
relationship of the corporation to any other corporation including the
name, business address, state of incorporation, names of stockholders,
directors and officers thereof as provided hereafter, but in the case of
publicly held corporations the city manager may accept disclosure
documents required by the Securities and Exchange Commission of the
United States of America in lieu of such information;
(3) The name of the managers or other persons in charge of the business and
all information concerning each manager, proprietor, or agent required in
(a)(1)-(5) of this subdivision; and
(4) A list of all persons who control or own an interest in excess of 5% in such
organization or business form or who are officers of the corporation or
business form and all information concerning said persons required in
(a)(1)-(5) of this subdivision.
This subdivision 1(c) shall not apply to a corporation whose stock is publicly
traded on a stock exchange and is applying for a license to be owned and operated
by it.
(d) For all applicants:
(1) Whether the applicant holds a business license from any other
governmental unit;
(2) Whether the applicant has previously been denied, or had revoked or
suspended, a business license from any other governmental unit;
(3) The location and legal description of the business premises to be licensed;
(4) If the applicant does not own the business premises, a true and complete
copy of the executed lease;
(5) Whether all real estate and personal property taxes that are due and
payable for the premises to be licensed have been paid, and if not paid, the
years and amounts that are unpaid;
(6) Whenever the application is for premises either planned or under
construction or undergoing substantial alteration, the application must be
accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed;
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(7) The applicant’s social security number or individual taxpayer
identification number, and Minnesota business identification number, as
applicable; and
(8) Such other information as the city council or issuing authority may choose
to require.
Subd. 2. Managers. When a licensee places a manager in charge of a business, or if the
named manager in charge of a licensed business changes, the licensee must complete and submit
the appropriate documentation required for managers in subdivision 1 of this subsection within
14 days and if a background investigation of the manager is required, the licensee must pay an
amount equal to the cost of the investigation, as contained in Crystal city code, appendix IV, to
ensure compliance with this section.
Subd. 3. Application execution. All applications for a license must be signed and
certified by the following:
(1) If the applicant is a natural person by such person; or
(2) If the applicant is a corporation, by an officer thereof; if that of a
partnership, by one of the general partners; and if that of an
unincorporated association, by the manager or managing officer thereof.
Subd. 4. False statements. It is unlawful to knowingly make a false statement in a
license application. In addition to all other penalties, the license may be subsequently revoked by
the city council for a violation of this subdivision.
1000.13. Payment of fees.
Subd. 1. Included with application. The fees required for a license, license renewal, or
investigation, as provided in Crystal city code, appendix IV, must be paid at the office of the city
clerk at the time of application. Unless otherwise expressly provided by this Crystal city code, a
license fee may not be prorated for a portion of a year. License fees are not refundable
regardless of whether the application is approved, denied, or withdrawn.
Subd 2. Renewals; late fees. In the event that a license renewal fee is not paid prior to
the expiration of the corresponding license, the following late fees shall apply:
(a) One to seven days after expiration, a penalty in the amount of 25% of the license
fee;
(b) Eight to 30 days after expiration, a penalty in the amount of 50% of the license
fee; and
(c) After 30 days, the license shall be deemed expired and the business or activity for
which the license is required must cease and a new license for such activity will
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not be considered until the licensee reapplies and appears before the city council.
Failure to cease operations of the business or activity after said 30 days shall
constitute a misdemeanor.
Subd. 3. Late payment of the license fee with penalty no bar to prosecution for operating
without a license. The late payment of the license fee along with the penalty set forth herein is
no bar to any prosecution by the city for operating any licensed trade, business, profession,
activity, or privilege within the city without a license therefor.
1000.15. Bonds; insurance. Any bonds required by this Crystal city code must be executed by
two sureties, or a surety company, and shall be subject to the approval of the city manager.
Where policies of insurance are required, the policies must provide the types and amounts of
coverage required by this Crystal city code and must be in a form acceptable to the city attorney.
When commercial general liability coverage is required, the policy shall name the city as an
additional insured. Satisfactory evidence of coverage by bonds and/or insurance, when required,
must be filed with the city clerk before a license can be issued.
1000.17. Persons or locations ineligible for city license. In addition to any other license-specific
ineligibilities contained in this Crystal city code, a city license for a business or activity will not
be issued to any of the following:
(a) A person not a citizen of the United States or a resident alien;
(b) A person under 18 years of age;
(c) A person who within five years of the license application date had a similar
license revoked by any other jurisdiction;
(d) A person whom the city council determines not to be of sufficient good moral
character and repute;
(e) When the city council determines, after investigation, that issuance or renewal of
the license would adversely affect the public health, safety or welfare;
(f) A person that is prohibited by federal, state, or other local law, ordinance, or other
regulation from holding a license;
(g) Where operation of the licensed premises would violate any applicable zoning
ordinances; or
(h) If taxes, assessments or other financial claims of the city or the state of Minnesota
on the licensee’s business premises are delinquent and unpaid.
1000.19. Investigations. If a background investigation is expressly required prior to the issuance
of a license, the application will be referred to the chief of police for a computerized criminal
history, as authorized by Crystal city code, section 311. Every individual or person having any
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beneficial interest in the license must be investigated. The chief must report the findings and
comments to the city manager who must order or conduct such additional investigations as the
city manager deems necessary or as the city council directs.
1000.21. Approval or denial of licenses. Upon the receipt of a complete application, payment of
fees, and completion of any requisite investigations, a license will be either approved or denied
in accordance with the provisions of this Crystal city code. If the city determines the applicant
and the place proposed for the business are eligible for a license, then the city will issue the
license. The city council shall make the final decision on whether to issue a license, but the city
manager is authorized to issue a provisional license if the city manager determines the applicant
is eligible for the license and that it is impractical to delay the issuance of the license to the next
city council meeting. An applicant issued a provisional license may undertake the business
activity authorized by the provisional license with the understanding, and conditioned on, the
city council approving the application. If the city council subsequently denies the application,
the provisional license ends and all related business activities must cease.
1000.23. License certificates; term. License certificates will include the date of issuance, the
activity licensed, and the term of the license. Unless expressly provided elsewhere, the term of
each licensing period begins on January 1 and ends on December 31 of each year.
1000.25. Exhibition of license certificate. A licensee shall display its license on the licensed
business premises in a conspicuous place and shall present the license certificate upon request of
any police officer or authorized representative of the city. If any licensed services are authorized
to be provided off of the licensed business premises, the licensee shall have in possession a copy
of the licensee when providing such off-site services.
1000.27. Transfer of license. A license will be issued to the particular applicant and only for the
business premises as described in the application. Unless otherwise expressly authorized by this
Crystal city code, a license issued by the city is not transferable from person to person or from
premises to premises. If the licensee is a partnership or a corporation, a change in the identity of
any partner or holder of more than five percent of the issued and outstanding stock of the
corporation will be deemed a transfer of the license.
1000.29. Renewal of license. License renewals are issued in the same manner and subject to the
same conditions as original licenses. Renewal applications and fees shall be submitted at least 30
days prior to expiration. Licensees are responsible for renewing their licenses in accordance with
this Crystal city code in order to prevent a lapse in licensure. A licensee shall be ineligible to
renew a license if the licensee has failed to pay an administrative penalty imposed by the city
council related to the licensed activity.
1000.31. Revocation; denial; suspension. In addition to any other provision in this Crystal city
code, a city-issued license may be denied, suspended, or revoked by the city council for any of
the following causes:
(a) Fraud, misrepresentation, bribery, or incorrect statement contained in the
application for license, or made in carrying on the licensed activity;
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(b) Conviction of any felony or of any crime related to the licensed activity;
(c) Conducting a licensed activity in such manner as to constitute a breach of the
peace, or a threat to the health, safety and welfare of the public, or a disturbance
of the peace or comfort of the residents of the city, upon recommendation of
appropriate city officials;
(d) Expiration or cancellation of any required bond or insurance policy, or failure to
notify the city within a reasonable time of changes in the terms of the required
insurance or carriers;
(e) Actions that are unauthorized or otherwise beyond the scope of the license
granted;
(f) Violation of any federal, state or local regulation or provision;
(g) Failure to continuously comply with all conditions required as part of the license;
(h) Failure to comply with the applicable zoning code; or
(i) Failure to pay an administrative penalty imposed by the city council.
1000.33. Hearing. A license may not be suspended or revoked until after a hearing is granted to
the licensee. The hearing shall be held before the city council upon due notice to the licensee,
either personally served or mailed at least five days in advance, stating the time and place of such
hearing, together with a statement of the alleged violations to be the cause for the revocation or
suspension of the license. At the hearing, the licensee shall have an opportunity to be heard by
the city council regarding the allegations. The city council shall determine whether to suspend or
revoke the license and shall provide the licensee written notice of its decision. If the city council
suspends or revokes the license, all licensed activities shall cease immediately and the license
shall otherwise comply with the requirements in the city council’s written decision.
1000.35. Reissuance. Once a license has been revoked, an application for a new license from
the same applicant or for the same business premises shall not be submitted for at least 12
months from the date of revocation unless the city council approves an earlier submission.
1000.37. Inspections of licensed premises. The police department, health authority, or any other
appropriate city official may enter upon the premises where any licensed activity is being
conducted for the purpose of inspection, at any reasonable hour, without a warrant, to determine
compliance with this Crystal city code and any conditions placed on the license.
1000.39. Financial responsibility. Prior to the issuance of a license the applicant must file with
the city clerk satisfactory evidence of financial responsibility. Satisfactory evidence of financial
responsibility shall be shown by a certification under oath that the property taxes, public utility
bills, and all state and federal taxes or other governmental obligations or claims concerning the
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business entity applying for the license are current, and that no notice of delinquency or default
has been issued, or if any of the financial obligations stated in this subsection are delinquent or in
default, that any such delinquency or default is subject to a payment plan or other agreement
approved by the applicable governmental entity. The certification shall be signed by an
individual applicant or all individual owners and/or shareholders of the business entity.
Operation of a business licensed by the city without having updated evidence on file with the city
of the financial responsibility required by this subsection is grounds for revocation or suspension
of the license. This subsection shall apply to all licenses issued by the city except for
intoxicating liquor licenses regulated by Crystal city code, chapter XII, which are regulated by
that chapter.
1000.41. Violations. Any violation of the licensing provisions contained in Crystal city code,
chapters X or XI shall be deemed a misdemeanor. Additionally, if a licensee or an employee of a
licensee is found to have violated any applicable licensing provisions, the city council may
impose an administrative penalty on the licensee. Notwithstanding any presumptive penalties
that are expressly provided in this Crystal city code or in its Crystal city code, appendix IV, the
city council shall have the discretion to impose penalties that are appropriate in their judgment
unless they would otherwise conflict with any statutory requirements or limits.
Section 1005 – General permit procedures
1005.01. Purpose. By the enactment of this section, the city council intends to establish a
uniform system for the issuance of permits for all activities for which permits are required.
1005.03. Fees. The fees for the various permits are adopted by city council resolution from time
to time and are set out in Crystal city code, appendix IV.
1005.05. Application of chapter; conflicts. The provision of this section shall apply to all city
permits. Other provisions related to specific permits are intended to supplement the provisions in
this section, unless they conflict with the provisions of this section in which case the provisions
related to the specific permits shall prevail.
1005.07. Permits required. It is unlawful to engage in any activity or privilege in the city for
which a permit is required by any provision of this Crystal city code without first obtaining a
permit from the city in the manner provided in this section.
1005.09. Application for permit. Application for a permit is made to the clerk on forms
furnished by the city. The application must contain information as to location, nature, extent and
costs of the proposed structure, work, installation, or other purposes, and other information
which the building inspector or other duly authorized persons may require under this Crystal city
code. The application must contain a declaration that the facts and representations therein made
are true and correct, which statement must be subscribed to by the person or persons, or officers
or agents of a corporation, applying for said permit. If the applicant is seeking two or more
licenses at the same time, the information required of the applicant in the application forms may
be combined to avoid duplication, provided all of the information required by the application is
provided.
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1005.11. Granting of permits. Upon payment to the city by the applicant of the required fee for
any permits, and upon approval of the appropriate inspector, the permit will be issued, except
where city council approval is expressly required, in which case the inspector is authorized to
issue such permit only after approval is granted by the city council.
1005.13. Payment of fee.
Subd. 1. Payment. The permit fee and other fees and charges set forth in Crystal city
code, Crystal city code, appendix IV must be collected by the city before the issuance of any
permits, and the city clerk, building inspector, or other persons duly authorized to issue such
permit for which the fee is required shall not issue a permit until such fee has been paid.
Subd. 2. Increased fee. If a person begins work of any kind for which a city permit is
required without first having secured said permit, that person must, when subsequently securing
such permit, pay twice the fee prescribed for such permit and is further subject to the penalty
provisions of this Crystal city code.
1005.15. Zoning and subdivision fees; special provisions.
Subd. 1. Scope and application. This subsection applies to applications for the platting
or replatting of land and variances from platting regulations made pursuant to Crystal city code,
chapter V, and to applications for zoning district changes, zoning code text amendments,
conditional use permits, and variances, also made pursuant to Crystal city code, chapter V.
Subd. 2. Basic fee. The basic fee for an application to which this subsection applies is
set in Crystal city code, appendix IV.
Subd. 3. Additional fee. In order to defray the costs to the city of processing applications
to which this subsection applies, applicants must pay, in addition to the basic fee, a fee computed
in accordance with this subdivision. This additional fee represents the following costs:
(a) Costs of materials for the application including, but not limited to, maps, graphs,
charts, and drawings; and
(b) Staff and consultant time spent in preparing materials for the application,
including necessary research.
The amount of the additional fee will be estimated by the city clerk at the time of application
based upon an hourly rate for staff and consultant time and estimated costs of materials. The
hourly rate and cost estimates utilized in computing the fee must be made available to the
applicant by the clerk.
Subd. 4. Fees; payment; deposit. The basic fee and a cash deposit equal to the estimated
additional fee must accompany an application filed under this subsection. The city manager
must establish procedures for accounting for all costs represented by the additional fee. If such
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actual costs are less than the additional fee cash deposit the excess must be returned to the
applicant within 30 days after final action by the council on the application. If such actual costs
exceed the additional fee cash deposit, the clerk must bill the applicant for such excess at the end
of each month, and such bill will be payable within 30 days of receipt. The application form
must contain a statement that the applicant agrees to pay all such billings. The council may not
grant any application to which this subsection applies until all application fees and excess
billings are paid.
Subd. 5. Refunds. Except as provided in subdivision 4, the basic and additional
application fees may not be refunded unless the application is withdrawn prior to its referral to
the planning commission by the city clerk or the council.
ARTICLE II. Chapter XI of the Crystal City Code is hereby deleted in its entirety and replaced
with the following:
CHAPTER XI
BUSINESS AND TRADE REGULATIONS
Section 1100 – Consumer fireworks
1100.01. Purpose. The purpose of this section is to regulate the sale of consumer fireworks and
to prohibit the sale of other types of fireworks in order to protect the health, safety and welfare of
the general public.
1100.03. Definitions. For the purposes of this section, the terms de d in the subsection have the
meanings given them.
Subd. 1. Consumer fireworks. “Consumer fireworks” means wire or wood sparklers of
not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and
nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or
less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which
include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting
of not more than twenty-five hundredths grains of explosive mixture.
Subd. 2. Explosive fireworks. “Explosive fireworks” means any fireworks that contain
pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound
constructed to produce detonation or deflagration.
Subd. 3. Fireworks. “Fireworks” means any substance or combination of substances or
article prepared for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes
in which explosives are used, the type of balloons which require fire underneath to propel them,
firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks
of like construction, and any fireworks containing any explosive or inflammable compound, or
any tablets or other device containing any explosive substance and commonly used as fireworks.
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The term includes explosive fireworks. The term does not include consumer fireworks, toy
pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound
are used, and toy pistol caps which contain less than 20/100 grains of explosive mixture.
1100.05. State law adopted. Minnesota Statutes, sections 624.20 through 624.25 are hereby
adopted and incorporated herein by reference.
1100.07. Prohibition; licensure. It shall be unlawful to sell fireworks in the city in violation of
any provision of Minnesota Statutes, sections 624.20 through 624.25. It shall be lawful to sell
consumer fireworks in the city only upon the issuance of a license in accordance with this
Crystal city code, section 1100.
1100.09. Licensing process.
Subd. 1. Application. The application for a license shall contain the type of consumer
fireworks to be sold and the estimated quantity of consumer fireworks that will be stored on the
licensed premises.
Subd. 2. License fees. License fees, as prescribed in Crystal city code, appendix IV,
shall be subject to the limitations in Minnesota Statutes, section 624.20, subdivision 1(d).
Subd. 3. Inspection. Upon the submission of a complete application, the city shall
conduct an inspection of the proposed business premises.
Subd. 4. Conditions of license. In addition to any other requirement contained in this
Crystal city code, a license shall be issued subject to the following conditions:
(a) The display of items for sale must comply with National Fire Protection
Association Standard 1124 (2017 edition), which is incorporated herein by
reference; and
(b) If the applicant does not own the business premises, the written authorization of
the property owner for the applicant’s use of the property for the sale of permitted
consumer fireworks.
Subd. 5. License prohibitions. No license shall be issued for the sale of consumer
fireworks at a movable place of business, including without limitation, mobile sales made from
motorized vehicles, mobile sales kiosks, non-permanent stands or trailers or to transient
merchants or as a seasonal or temporary sales license, unless the place of business complies with
National Fire Protection Association Standard 1124 (2017 edition).
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Section 1105 – Tobacco and related products
1105.01. Definitions. For the purposes of this section, the terms defined in this subsection shall
have the meanings given them.
Subd. 1. Covered products. “Covered products” means tobacco, tobacco-related device,
electronic delivery device, or nicotine or lobelia delivery product as those terms are defined in
this subsection.
Subd. 2. Electronic delivery device. "Electronic delivery device" means any product
containing or delivering nicotine, lobelia, or any other substance intended for human
consumption that can be used by a person to simulate smoking in the delivery of nicotine or any
other substance through inhalation of aerosol or vapor from the product. Electronic delivery
device includes any component part of a product, whether or not marketed or sold separately.
Electronic delivery device does not include any product that has been approved or certified by
the United States Food and Drug Administration for legal sale as a tobacco-cessation product, as
a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such
an approved purpose.
Subd. 3. Moveable place of business. “Moveable place of business” means any form of
business operated out of a truck, van, automobile or other type of vehicle or transportable
shelter and not a fixed-address storefront or other permanent type of structure authorized for
sales transactions.
Subd. 4. Nicotine or lobelia delivery device. “Nicotine or lobelia delivery device”
means any product containing or delivering nicotine or lobelia intended for human consumption,
or any part of such a product, that is not tobacco as defined in this section, not including any
product that has been approved or certified by the United States Food and Drug Administration
for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical
purposes, and is marketed and sold for such an approved purpose.
Subd. 5. Sale. “Sale” means any transfer of goods for money, trade, barter or other
consideration.
Subd. 6. Tobacco. "Tobacco" means cigarettes and any product containing, made, or
derived from tobacco that is intended for human consumption, whether chewed, smoked,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
part, or accessory of a tobacco product including, but not limited to, cigars; cheroots; stogies;
perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff
flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse
scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
Tobacco excludes any tobacco product that has been approved by the United States Food and
Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product,
or for other medical purposes, and is being marketed and sold solely for such an approved
purpose.
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Subd. 7. Tobacco-related devices. "Tobacco-related devices" means cigarette papers or
pipes for smoking or other devices intentionally designed or intended to be used in a manner
which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco
products. Tobacco-related devices include components of tobacco-related devices which may be
marketed or sold separately.
Subd. 8. Vending machine. “Vending machine” means any mechanical, electric or
electronic, or other type of device that dispenses tobacco, tobacco products or tobacco-related
devices upon the insertion of money, tokens or other form of payment directly into the machine
by the person seeking to purchase the covered product.
1105.03. General rule. It is unlawful to buy for retail sale, sell at retail, or otherwise dispose for
consideration covered products without a tobacco license issued by the city.
1105.05. Investigations. A background investigation of all interested individuals is required and
shall be conducted pursuant to Crystal city code, section 1000.19 prior to the issuance of a
license or license renewal.
1105.07. Ineligibility. In addition to the provisions contained in section 1000.17, the city council
may deny a license to a person who within the past five years has been convicted of any violation
of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco,
tobacco products, tobacco-related devices, electronic delivery device or nicotine or lobelia
delivery devices.
1105.09. Specified location. A license under this section will not be issued for a movable place
of business. The license is issued only for the covered products at a specific place of business.
1105.11. Prohibited sales and use.
Subd. 1. Sales to minors. It is unlawful to sell, offer for sale or deliver tobacco, tobacco-
related devices, electronic delivery devices, or nicotine or lobelia delivery devices to a person
under the age of 18 years.
Subd. 2. Use by minors. It is unlawful for any person under the age of 18 years to
purchase, possess, or consume tobacco, tobacco-related devices, electronic delivery devices, or
nicotine or lobelia delivery devices.
Subd. 3. Vending machines. The sale of tobacco, tobacco-related devices, electronic
delivery devices, or nicotine or lobelia delivery devices by vending machines is prohibited.
Subd. 4. Individual packages. It is unlawful to offer for sale or to sell (i) cigarettes
packaged in units smaller than a carton containing ten packages or (ii) single packages of
smokeless tobacco in open displays that are accessible to the public without the intervention of a
store employee.
1105.13. Administrative civil penalties.
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Subd. 1. Individuals. A person who sells a covered product to a person under the age of
18 years is subject to an administrative penalty identified in Crystal city code, appendix IV, after
the individual has received notice, served personally or by mail, of the alleged violation and been
provided an opportunity for a hearing.
Subd. 2. Licensee. If a licensee or an employee of a licensee is found to have sold a
covered product to a person under the age of 18 years, or committed a violation of Minnesota
Statutes, chapter 297F, the city council shall impose administrative penalties on the licensee as
provided in Crystal city code, appendix IV. Prior to imposing an administrative penalty the city
shall provide the licensee written notice of the alleged violation and provide an opportunity for
the licensee to be heard by the city council.
Subd. 3. Defense. It is an affirmative defense to a charge of selling a covered product to
a person under the age of 18 years in violation of this section that the licensee or individual
making the sale relied in good faith upon proof of age as described in Minnesota Statutes, section
340A.503, subdivision 6.
Subd. 4. Education and training. In addition to or in lieu of any other penalty imposed
under this section, any person under the age of 18 years who purchases, possesses, or consumes a
covered product shall attend an educational seminar approved by the chief of police regarding
the legal and medical implications of using a covered product.
Subd. 5. Presumptions regarding administrative penalties. Though the administrative
penalties described in this subsection are presumed, in no event shall the amount of any fine or
period of suspension be less than the amounts and periods required in Minnesota Statutes,
section 461.12, subdivisions 2 and 3. Other mandatory requirements may be made of the
business including, but not limited to, meetings with law enforcement to present a plan of action
to ensure the problem will not continue, mandatory education sessions with crime prevention
staff, or other actions the city council may deem appropriate.
1105.15. Compliance monitoring.
Subd. 1. As required by Minnesota Statutes, section 461.12, subdivision 5, the police
department shall at least once a year perform compliance checks at each location licensed under
this section to sell a covered product. License applicants may be informed of this policy at the
time of license application and renewal. Violators of this section may be subject to more
frequent compliance monitoring than non-violating licensees. The police department may
annually report to the city council the results of said compliance checks.
Subd. 2. Exemption. A person no younger than 15 nor older than 17 may be enlisted by
the police department to assist in the compliance checks provided that (i) written consent from
the person’s parent or guardian has been obtained, and (ii) that the person must at all times act
only under the direct supervision of a law enforcement officer or an employee of the licensing
department or in conjunction with an in-house program that has been pre-approved by the police
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department. A person who purchases or attempts to purchase tobacco while acting in this
capacity is exempt from any penalties related to said purchase or attempt to purchase.
Subd. 3. Additional checks. If a licensee or employee of a licensee is guilty of a second
violation within the 24-month period since the initial violation, the police department must
conduct at least one compliance check at that licensed premises within the time remaining in that
24-month period.
Section 1110 - Peddlers, solicitors
and transient merchants
1110.01. Definitions. For purposes of this section, the terms defined in this subsection have the
meanings given them.
Subd. 1. Person. “Person” means any person, individual, co-partnership, limited liability
company and corporation, both as principal and agent, who engage in, do, or transact any
temporary and transient business in the state or city regulated by this section.
Subd. 2. Peddler. “Peddler” means a person who goes from house to house, door to door,
business to business, street to street, or any other type of place to place for the purpose of
offering for sale, selling or attempting to sell, and delivering immediately upon sale the goods,
wares, products, merchandise, or other personal property that the person is carrying or
transporting; the term does not include vendors of milk, bakery products or groceries who
distribute their products to regular customers on established routes. The term Peddler shall mean
the same as the term “hawker.”
Subd. 3. Solicitor. “Solicitor” means a person who goes from house to house, door to
door, business to business, street to street, or any other type of place to place for the purpose of
obtaining or attempting to obtain orders for the sale of goods, wares, or merchandise including
magazines, books, periodicals, other personal property or services of which they may be carrying
or transporting samples, or that may be described in a catalog or by other means, and for which
delivery or performance shall occur at a later time. The absence of samples or catalogs shall not
remove a person from the scope of these provisions if the actual purpose of the person’s activity
is to obtain or attempt to obtain orders as discussed above. The term solicitor shall mean the
same as the term “canvasser.”
Subd. 4. Transient merchant. “Transient merchant” means a person, whether as owner,
agent, consignee, or employee who engages in a temporary business out of a vehicle, trailer, box
car, tent, other portable shelter, store front, or from a parking lot for the purpose of displaying for
sale, selling or attempting to sell, and delivering goods, wares, products, merchandise or other
personal property and who does not remain or intend to remain in any one location for more than
four consecutive days as part of four sale events each year.
1110.03. License required. It is unlawful to engage in the business of peddler, solicitor, or
transient merchant in the city without first obtaining a license therefore as provided by this
section, unless exempt from such license pursuant to Crystal city code, subsection 1110.07. In
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addition, no person shall conduct business as a transient merchant within the city limits without
first having obtained the appropriate licensure from Hennepin County, as may be required.
1110.05. Application. Applications for a city license under this section must be filed with the
city clerk and must contain all information required in the city’s application form, including:
(a) Physical description of the applicant (hair color, eye color, height, weight,
distinguishing marks or features);
(b) Complete permanent home and local address of the applicant; and in the case of
transient merchants, the local address from which proposed sales will be made
with a letter of signed permission from the property owner;
(c) A brief description of the nature of the business and the goods to be sold or
services to be provided;
(d) The name, address, and phone number of the employer, principal, or supplier of
the applicant, together with credentials establishing the exact relationship;
(e) The dates during which the applicant intends to conduct business and the names
of its agents conducting business in the city;
(f) The supply source of the goods, or property prepared to be sold, or orders taken
for the sale thereof, the location of such goods or products at the time of the
application, and the proposed method of delivery;
(g) A recent photograph (approximately two inches by two inches) of the applicant,
showing the head and shoulders of the applicant in a clear and distinguishing
manner;
(h) A statement as to whether the applicant has been convicted of any crime or
violation of any municipal ordinance other than traffic violations, the nature of the
offense, and the punishment or penalty assessed therefore;
(i) The names of up to three other municipalities where the applicant conducted
similar business immediately preceding the date of the current application and the
addresses from which such business was conducted within those municipalities;
(j) The applicant’s driver’s license number or other acceptable state-issued
identification;
(k) The license plate number(s) and description of the vehicle(s) to be used in
conjunction with the licensed business, if applicable; and
(l) Proof of county license (applicable to transient merchants only).
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1110.07. Exemptions.
Subd. 1. General exemptions. No license under this section shall be required for: (a)
any person selling or attempting to sell, or taking or attempting to take orders for, any product
grown, produced, cultivated, or raised on any farm; or (b) any person going from house-to-house,
door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement
for the primary purpose of exercising that person’s state or federal constitutional rights such as
the freedom of speech, freedom of the press, freedom of religion, and the like. This exemption
will not apply if the person’s exercise of constitutional rights is merely incidental to what would
properly be considered a commercial activity. Exemptions from this section shall not excuse any
person from complying with any other applicable statutory provision or local ordinance.
Subd. 2. Non-profit organizations and free expression exemption. Any organization,
society, association, or corporation with a non-profit status approved by the state or federal
government desiring to solicit or to have solicited in its name money, donations of money or
property, or financial assistance of any kind or desiring to sell or distribute any item of literature
of merchandise for which a fee is charged or solicited from persons other than members of such
organizations for a charitable, religious, patriotic, or philanthropic purpose by going from house
to house, door to door, business to business, street to street, or other type of place to place, or
when such activity is for the purpose of exercising that person’s state or federal constitutional
rights relating to the free exercise of religion or speech, is exempt from the licensing
requirements of this section, provided there is a registration filed in writing on a form provided
by the city clerk which contains the following information:
(a) Organization’s name and specific cause for which exemption is sought;
(b) Names and addresses of the officers and directors of the organization;
(c) Period during which solicitation is to be conducted;
(d) Whether any commission, fee, wages, or emoluments are to be expended in
connection with such solicitation and the amount thereof; and
(e) Names and addresses of all persons involved in canvassing efforts. Persons
exercising constitutional rights may lose their exemption from licensing if the
person’s exercise of constitutional rights is merely incidental to a commercial
activity. Professional fundraisers working on behalf of an otherwise exempt
person or group shall not be exempt from the licensing requirements of Crystal
city code, subsection 1110.03.
1110.09. Investigation and issuance. A background investigation of all interested individuals for
non-exempt licenses is required and shall be conducted pursuant to Crystal city code, subsection
1000.19 prior to the issuance of a license or license renewal.
1110.11. License requirements. The license will contain information deemed necessary by the
city and shall be valid only for the period specified, though no license may extend beyond the
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31st day of December of the year in which it is granted. Licensees must wear some type of
identification conspicuously showing their name and the organization for which they are working
and must carry their city-issued license when conducting the licensed business or activity.
1110.13. Prohibited activities.
Subd. 1. Loud noises and speaking devices. A person licensed under this section may
not shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of the
streets, alleys, parks, or other public places of the city or upon private premises where sound of
sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the
streets, alleys, parks, or other public places, for the purpose of attracting attention to any goods,
wares, or merchandise which such licensee proposes to sell.
Subd. 2. Use of streets. A person licensed or regulated under this section does not have
an exclusive right to any location in the public streets, nor is such person permitted a permanent
stationary location thereon. A person licensed under this section may not operate in a congested
area where such operation might impede or inconvenience the public use of streets.
Subd. 3. Private property. Issuance of a license under this section does not permit the
license holder to conduct the licensed activity on private property without the ongoing
permission of the property owner or the property owner’s authorized agent. If such property is
conspicuously posted by the owner or person in control with a sign stating “no trespassing”, “no
solicitors”, “no solicitors or peddlers”, or similar language, the entry thereon by any person
subject to the licensing or registration requirements of this section without the permission of the
owner or agent shall be unlawful and deemed a public nuisance. To be conspicuously posted, the
sign shall be least 3¾ inches long, 3¾ inches wide, the printing must not be smaller than 48 point
type, and placed near the principal entrance to the premises such that it is plainly visible prior to
reaching the door of the premises. No person other than the owner or occupant of the premises
shall remove, injure, or deface the sign.
Subd. 4. Practices prohibited. No peddler, solicitor or transient merchant shall conduct
business in any of the following manners:
(a) Obstructing the free flow of either vehicular or pedestrian traffic on any street,
alley, sidewalk, or other public right-of-way;
(b) Creating a direct threat to the health, safety, or welfare of any individual or the
general public;
(c) Entering upon any residential premises for the purpose of carrying on the
licensee’s or registrant’s trade or business between the hours of 8:00 p.m. and
9:00 a.m., unless such person has been expressly invited to do so by the property
owner or occupant thereof;
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(d) Ringing the doorbell, knocking on the door, or entering any residential or
commercial premises that is conspicuously posted as provided in subdivision 3 of
this subsection; or
(e) Harassing, intimidating, abusing, or threatening a person, continuing to offer
merchandise for sale to any person after being told not to do so by that person, or
failing or refusing to leave the premises of the resident occupant after being told
to do so by the resident occupant.
1110.15. Records. The chief of police must report to the city clerk all convictions for violation
of this section. The city clerk must maintain a record for each license issued and record the
reports of violation therein.
Section 1115 - Tree trimming
1115.01. Definition. “Tree trimming” means and includes the trimming of trees and the removal
of trees and tree stumps on the property of another for hire.
1115.03. Licensing required. It is unlawful to engage in the business of tree trimming in the city
without first being licensed to do so pursuant to this section.
1115.05. Licensing process.
Subd. 1. Application. An application for a tree trimming license must be presented to
the city clerk and, in addition to the information required in Crystal city code, subsection
1000.11, must contain the following information:
(a) List all Minnesota counties in which the applicant works and the names of up to
three other municipalities where the applicant has conducted similar business, if
any exist;
(b) A summary statement of applicant’s training, experience or special qualifications
in the field of tree trimming, including proof of registration with the Minnesota
Department of Agriculture’s tree care registry; and
(c) The name of any city or other governmental licensing authority which has refused
to issue a tree trimming license to the applicant or which has revoked or
suspended such a license issued to the applicant, if any exist.
Subd. 2. Bond; insurance. An applicant for a license under this section must provide a
surety bond in the amount provided in Crystal city code, appendix IV so that the licensed activity
will be conducted in accordance with applicable state laws and city ordinances and that the
licensee will save the city harmless from any liability, damage or expense which may be incurred
by the city by reason of performance of such activity. An applicant must also file with the city
clerk a certificate of insurance showing that the applicant has purchased commercial general
liability and workers’ compensation insurance which will remain in effect for the term of the
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license, and that the insurance will not be cancelled without ten days’ notice to the city. The
policy or policies must provide commercial general liability coverage to the applicant in the
amount provided in Crystal city code, appendix IV and must name the city as an additional
insured party.
Subd. 3. Issuance of license. Upon submission of a completed application and the
required insurance, bond, and fees, the city manager may, if in the city manager’s judgment all
conditions exist for the issuance of the license, issue a temporary license subject to final approval
by the city council.
1115.07. Relation to other code provisions. Activities licensed by this section must be
conducted in accordance with all applicable provisions of this Crystal city code including, but
not specifically limited to, the following:
(a) A license is not required for the removal of trees conducted solely pursuant to a
grading permit issued under Crystal city code, section 415;
(b) When conducting licensed activities in a public right-of-way the licensee must
adhere to all applicable requirements contained in Crystal city code, chapter VIII;
and
(c) Persons licensed under this section must familiarize themselves with all aspects of
the city’s shade tree control program. Tree trimming or removal activities
involving the treatment of diseased shade trees may not be conducted other than
in conformance with Crystal city code, section 2020, including the requisite tree
inspector certification.
Section 1120-Secondhand goods dealers
1120.01. Definition. For purposes of this section, the term “secondhand goods dealer” means a
person whose regular business includes selling or receiving tangible personal property
(excluding motor vehicles) previously used, rented, owned, or leased.
1120.03. Exemptions. This section does not apply to or include the following:
(a) The sale of secondhand goods where all of the following conditions are present:
(1) The sale is held on property occupied as a dwelling by the seller, or
owned, rented or leased by a charitable or political organization;
(2) The items offered for sale are owned by the occupant;
(3) The sale does not exceed a period of 72 consecutive hours;
(4) Not more than two sales are held either by the same person or on the same
property in any 12 month period; and
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(5) None of the items offered for sale have been purchased for resale or
received on consignment for purpose of resale;
(b) Sales by a person licensed by the State of Minnesota as a motor vehicle dealer;
(c) The sale of secondhand books or magazines;
(d) The sale of goods at an auction held by a duly licensed auctioneer;
(e) The business of buying or selling only those secondhand goods taken as part or
full payment for new goods, and where such business is incidental to and not the
primary business of a person;
(f) A bulk sale of property from a merchant, manufacturer or wholesaler having an
established place of business or of goods sold at open sale from bankrupt stock;
(g) Goods sold at a public market;
(h) Goods sold at an exhibition;
(i) The sale of secondhand clothing and personal clothing accessories, including
costume jewelry but excluding other jewelry;
(j) The sale of items that have been donated to the seller and not purchased or
received on consignment for resale by the seller;
(k) Transactions involving coins, bullion, or ingots; or
(l) The sale of refurbished appliances by a retail dealer in new and used appliances
where the used appliances are refurbished at a location off-site from the retail
sales location, and where the dealer does not accept appliances for trade in at the
retail location.
1120.05. License required.
Subd. 1. Secondhand goods dealer. A person may not engage in the business of
secondhand goods dealer without first obtaining a secondhand goods dealer license from the city.
Subd. 2. Separate license required. A secondhand goods dealer may not conduct,
operate, or engage in the business of pawnbroker without having obtained a pawnbroker license
as required by Crystal city code, section 1125, in addition to a secondhand goods dealer license.
1120.07. Multiple dealers.
Subd. 1. Licenses. The owner of a business at which two or more secondhand goods
dealers are engaged in business by maintaining separate sales space and identifying themselves
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to the public as individual dealer may obtain a multiple secondhand goods dealer license for that
location. A multiple license may not be issued unless the following requirements are met:
(a) The businesses must have a single name and address;
(b) The businesses must operate in a compact and contiguous space;
(c) The businesses must be under the unified control and supervision of the one
person who holds the license; and
(d) Sales must be consummated at a central point or register operated by the owner of
the business, and the owner must maintain a comprehensive account of all sales.
Subd. 2. Compliance. The holder of a secondhand goods dealer license under this
section for a business with more than one dealer at the same location must comply with all of the
requirements of this section, including the responsibility for police reporting and record keeping
in the same manner as any other dealer licensed under this section. A dealer licensed under this
subsection is responsible to its customers for stolen or misrepresented goods sold at its place of
business in the same manner as any other dealer licensed under this section.
1120.09. Bond. A secondhand goods dealer license will not be issued unless the applicant files
with the city clerk a bond in the amount prescribed in Crystal city code, appendix IV. The bond
must be conditioned on the licensee obeying the laws and ordinances governing the licensed
business and paying all fees, taxes, penalties and other charges associated with the business. The
bond must provide that it is forfeited to the city upon a violation of law or ordinance.
1120.11. Investigation. A background investigation of all interested individuals is required and
shall be conducted pursuant to Crystal city code, subsection 1000.19 prior to the issuance of a
license or license renewal.
1120.13. Ineligibility. In addition to the provisions contained in Crystal city code, subsection
1000.17, a person who within five years of the license application date has been convicted of
receiving stolen property, sale of stolen property or controlled substance, burglary, robbery,
damage or trespass to property, or any other law or ordinance regulating secondhand goods
dealers, is ineligible for a license.
1120.15. Records; daily reports.
Subd. 1. Reporting requirements. A licensed secondhand goods dealer, at the time of
receipt of an item, must immediately record, in ink or other indelible medium in a book or word
processing unit, the following information:
(a) An accurate description of the item including, but not limited to, any trademark,
identification number, serial number, model number, brand name or other
identifying mark on such item;
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(b) The purchase price;
(c) Date, time, and place of receipt;
(d) Name, address, and date of birth of the person from whom the item was received;
and
(e) The identification number from any of the following forms of identification of the
seller:
(1) Current valid Minnesota driver’s license;
(2) Current valid Minnesota identification card; or
(3) Current valid photo driver’s license or identification card issued by
another state or province of Canada.
These records, as well as the goods received, must be open for inspection by the police
department at reasonable times. Records required by this subsection must be stored and
maintained by the licensee for a period of at least three years.
Subd. 2. Daily reports. For the following items, regardless of resale price, a secondhand
goods dealer must make out, on forms approved by the police department, and send daily by mail
to the police department a legible description of the goods received during the preceding day,
together with the time received and a description of the person from whom the goods were
received:
(a) Items with a serial number identification, or “operation identification” or similar
program symbol;
(b) Cameras;
(c) Electronic audio or video equipment;
(d) Precious jewelry or gems, and precious metals;
(e) Artist-signed or artist-attributed works of art;
(f) Guns and firearms; and
(g) Items not included in the above, except furniture and kitchen or laundry
appliances, which the secondhand goods dealer intends to sell for more than $200.
1120.17. Additional regulations.
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Subd. 1. Stolen goods. A licensed secondhand goods dealer must report to the police
department any article received, or sought to be received, if the licensee has reason to believe
that the article was stolen or lost.
Subd. 2. Holding goods. An item received by a secondhand goods dealer for which a
report to the police is required, may not be sold or otherwise transferred for a period of 30 days
after the date of such report to the police.
Subd. 3. Receipt. A licensed secondhand goods dealer must provide a receipt to the
seller or consignor of any items which includes:
(a) The address and phone number of the business;
(b) The date;
(c) A description of the item purchased; and
(d) The purchaser’s signature.
Subd. 4. Police orders. If a city police officer notifies a dealer not to sell an item, the
item may not be sold or removed from the licensed premises until authorized to be released by
the police.
Subd. 5. Weapons. A licensed secondhand goods dealer may not receive as a pledge or
otherwise accept for consignment or sale any revolver, pistol, sawed-off shotgun, automatic rifle,
blackjack, switchblade knife, or other similar weapons or firearms.
Subd. 6. Minors. A person under the age of 18 may not sell or consign, or attempt to sell
or consign, goods with a secondhand goods dealer. A secondhand goods dealer may not receive
goods from a person under the age of 18.
Subd. 7. Intoxicated seller. A secondhand goods dealer may not receive any goods from
a clearly intoxicated person.
1120.19. License denial, suspension, or revocation. In addition to the provisions contained in
Crystal city code, subsection 1000.31, the city council may deny, suspend, or revoke a license for
a violation within the preceding five years of any state or federal law relating to theft, receiving
stolen property, burglary, robbery, forgery, damage or trespass to property, sale of a controlled
substance or stolen good, or operation of a business.
1120.21. Administrative civil penalties. If a licensee or an employee of a licensee is found to
have violated this section, the city council may impose an administrative penalty on the licensee
as provided in Crystal city code, appendix IV. In addition to civil penalties, other mandatory
requirements may be made of the establishment including, but not limited to, meetings with the
police department to present a plan of action to assure that the problem will not continue,
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mandatory education sessions with crime prevention staff, or other actions that the city council
deems appropriate.
1120.23. County license. Secondhand goods dealers dealing in precious metals and gems must
also be licensed by Hennepin County.
Section 1125 – Pawnbrokers
1125.01. Findings; purpose. The city council finds that use of services provided by
pawnbrokers provides an opportunity for the commission of crimes and their concealment
because pawn businesses have the ability to receive and transfer property stolen by others easily
and quickly. The city council also finds that consumer protection regulation is warranted in
transactions involving pawnbrokers. The city council further finds that the pawn industry has
outgrown the city’s current ability to effectively or efficiently identify criminal activity related to
pawn shops. The purpose of this chapter is to prevent pawn businesses from being used as
facilities for the commission of crimes, and to assure that such businesses comply with basic
consumer protection standards, thereby protecting the public health, safety, and general welfare
of the citizens of the city.
To help the police department better regulate current and future pawn businesses, decrease and
stabilize costs associated with the regulation of the pawn industry, and increase identification of
criminal activities in the pawn industry through the timely collection and sharing of pawn
transaction information, this section also implements and establishes the required use of the
automated pawn system (“APS”).
1125.03. Definitions. For purposes of this section, the terms defined in this subsection have the
meanings given them.
Subd. 1. Pawnbroker. “Pawnbroker” means any natural person, partnership or
corporation, either as principal, or agent or employee thereof, who loans money on deposit or
pledge of personal property, or other valuable thing, or who deals in the purchasing of personal
property, or other valuable thing on condition of selling the same back again at a stipulated price,
or who loans money secured by chattel mortgage on personal property, taking possession of the
property or any part thereof so mortgaged. To the extent that a pawnbroker’s business includes
buying personal property previously used, rented or leased, or selling it on consignment, the
provisions of this chapter shall be applicable.
Subd. 2. Reportable transaction. “Reportable transaction” means every transaction
conducted by a pawnbroker in which merchandise is received through a pawn, purchase,
consignment or trade, or in which a pawn is renewed, extended or redeemed, or for which a
unique transaction number or identifier is generated by their point-of-sale software, or an item is
confiscated by law enforcement, is reportable except:
(a) The bulk purchase or consignment of new or used merchandise from a merchant,
manufacturer or wholesaler having an established permanent place of business,
and the retail sale of said merchandise, provided the pawnbroker must maintain a
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record of such purchase or consignment which describes each item, and must
mark each item in a manner which relates it to that transaction record; or
(b) Retail and wholesale sales of merchandise originally received by pawn or
purchase, and for which all applicable hold and/or redemption periods have
expired.
Subd. 3. Billable transaction. “Billable transaction” means every reportable transaction
conducted by a pawnbroker, except renewals, redemptions or extensions of existing pawns on
items previously reported and continuously in the licensee’s possession, voided transactions, and
confiscations.
1125.05. License required. It is unlawful to conduct, operate or engage in the business of a
pawnbroker without first having obtained a license from the city.
1125.07. Investigation. A background investigation of all interested individuals is required and
shall be conducted pursuant to Crystal city code, subsection 1000.19 prior to the issuance of a
license or license renewal.
1125.09. Public hearing. A new pawnbroker license will not be issued without a public hearing.
Any person having an interest in or who will be affected by the proposed license will be
permitted to testify at the hearing. The public hearing must be preceded by ten days’ published
notice specifying the location of the proposed licensed business premises.
1125.11. Bond required. Before a license will be issued, every applicant must submit a bond in
the amount prescribed in Crystal city code, appendix IV. All bonds must be conditioned that the
principal will observe all state laws and city ordinances in relation to pawnbrokers, and will
conduct business in conformity thereto, and that the principal will account for and deliver to any
person legally entitled any goods which have come into the principal’s hand through the
principal’s business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money
to the person. The bond shall contain a provision that no bond may be canceled except upon 30
days ’ written notice to the city which shall be served upon the city.
1125.13. Records required.
Subd. 1. Items to be recorded. At the time of any reportable transaction other than
renewals, extensions, redemptions or confiscations, every licensee must immediately record in
English the following information by using ink or other indelible medium on forms or in a
computerized record approved by the police department:
(a) A complete and accurate description of each item including, but not limited to,
any trademark, identification number, serial number, model number, brand name,
or other identifying mark on such an item;
(b) The purchase price, amount of money loaned upon, or pledged therefor;
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(c) The maturity date of the transaction and the amount due, including monthly and
annual interest rates and all pawn fees and charges;
(d) Date, time, and place the item of property was received by the licensee, and the
unique alpha and/or numeric transaction identifier that distinguishes it from all
other transactions in the licensee’s records;
(e) Full name, current residence address, current residence telephone number, date of
birth, and accurate description of the person from whom the item of the property
was received, including: sex, height, weight, race, color of eyes, and color of hair;
(f) The valid driver’s license or state identification card number, along with the state
of issuance;
(g) The signature of the person identified in the transaction;
(h) The licensee must also take a color photograph or color video recording of each
customer involved in every separate billable transaction and every item pawned or
sold. For firearms, a separate photograph of the serial number shall also be taken.
The licensee must inform the person that they are being photographed or
videotaped by displaying a sign of sufficient size in a conspicuous place on the
premises. Said photographs and recordings shall be made available via APS, shall
be retained by the licensee for one year and shall be made available to law
enforcement upon request;
(1) If a photograph is taken, it must:
(i) Be at least two inches in length by two inches in width;
(ii) Accurately depict the items photographed;
(iii) Include an identifiable facial image of the person who pawned or
sold the item;
(iv) Be maintained in such a manner that the photograph can be readily
matched and correlated with all other records of the transaction to
which they relate; and
(v) Be made available to the chief of police upon request.
(2) If a video photograph is taken, it must:
(i) Focus on the person pawning or selling the item so as to include an
identifiable image of that person’s face;
(ii) Accurately depict the items photographed; and
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(iii) Be electronically referenced by time and date so they can be
readily matched and correlated with all other records of the
transaction to which they relate;
(i) Digitized photographs. Licensees must fulfill the color photograph requirements
in this section by submitting them as digital images, in a format specified by the
issuing authority, electronically cross-referenced to the reportable transaction they
are associated with. This provision does not in any way alter or amend the
photograph requirements contained in this section; and
(j) Renewals, extensions, redemptions and confiscations. For renewals, extensions,
redemptions, and confiscations the licensee shall provide the original transaction
identifier, the date of the current transaction, and the type of transaction.
Subd. 2. Inspection of records. The records must at all reasonable times be open to
inspection by the police department or city inspector. Data entries shall be retained for at least
three years from the date of transaction.
1125.15. Daily reports to police.
Subd. 1. Reportable transactions. Licensees must provide to the police department all
reportable transaction information by transferring it from their computer to the APS using the
current version of the Automated Pawn System Interchange File Specification. All required
records must be transmitted completely and accurately after the close of business each day in
accordance with standards and procedures established by the issuing authority. Any transaction
that does not meet the Automated Pawn System Interchange File Specification must be corrected
and resubmitted the next business day. The licensee must display a sign of sufficient size, in a
conspicuous place in the premises, which informs patrons that all transactions are reported to the
police department daily.
Subd. 2. Billable transaction fees. Licensees will be charged monthly for each billable
transaction reported to the police department, as provided in Crystal city code, appendix IV, and
shall pay said billable transaction fees within 30 days. The billable transaction license fee shall
reflect the cost of processing transactions and other related regulatory expenses as determined by
the city council, and shall be reviewed and adjusted annually, if necessary. Licensees shall be
notified in writing 30 days before any adjustment is implemented.
(a) If a licensee is unable to successfully transfer the required reports by modem, the
licensee must provide the police department, upon request, printed copies of all
reportable transactions along with the video tape(s) for that date, by noon the next
business day.
(b) If the problem is determined to be in the licensee’s system and is not corrected by
the close of the first business day following the failure, the licensee must continue
to provide the required reports as detailed in Crystal city code, subsection
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1125.15, subdivision 1, and shall be charged a penalty as provided in Crystal city
code, appendix IV for each day of such failure, until the error is corrected.
(c) If the problem is determined to be outside the licensee’s system, the licensee must
continue to provide the reports required by Crystal city code, subsection 1125.15,
subdivision 1, and must resubmit all such transactions electronically when the
error is corrected.
(d) If a licensee is unable to capture, digitize or transmit the photographs, the licensee
must immediately take all required photographs with a still camera, cross-
reference the photographs to the correct transaction, and make the pictures
available to the police department upon request.
(e) Regardless of the cause or origin of the technical problems that prevented the
licensee from uploading their reportable transactions, upon correction of the
problem, the licensee shall upload every reportable transaction from every
business day the problem had existed.
(f) The police department may, upon presentation of extenuating circumstances,
delay the implementation of the aforementioned daily reporting penalty.
1125.17. Receipt required.
Subd. 1. Information on receipt. Every licensee must provide a receipt to the party
identified in every reportable transaction and must maintain a duplicate of that receipt for three
years. The receipt must include at least the following information:
(a) The name, address and telephone number of the licensed business;
(b) The date and time the item was received by the licensee;
(c) Whether the item was pawned or sold, or the nature of the transaction;
(d) An accurate description of each item received including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or
other identifying mark on such an item;
(e) The signature or unique identifier of the licensee or employee that conducted the
transaction;
(f) The amount advanced or paid;
(g) The monthly and annual interest rates, including all pawn fees and charges;
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(h) The last regular day of business by which the item must be redeemed by the
pledger without risk that the item will be sold, and the amount necessary to
redeem the pawned item on that date;
(i) The full name, current residence address, current residence telephone number, and
date of birth of the pledger or seller;
(j) The identification number and state of issue from any of the following forms of
identification of the seller:
(1) Current valid Minnesota driver’s license;
(2) Current valid Minnesota identification card;
(3) Current valid photo driver’s license or identification card issued by
another state or province of Canada;
(k) Description of the pledger or seller including sex, approximate height and weight,
race, color of eyes, and color of hair;
(l) The signature of the pledger or seller; and
(m) All printed statements as required by Minnesota Statutes, section 325J.04,
subdivision 2, or any other applicable statutes.
1125.19. Redemption period. Any person pledging, pawning or depositing an item for security
must have a minimum of 90 days from the date of that transaction to redeem the item before it
may be forfeited and sold. During the 90-day holding period, items may not be removed from
the licensed location except as otherwise expressly authorized in this section. Licensees are
prohibited from redeeming any item to anyone other than the person to whom the receipt was
issued or, to any person identified in a written and notarized authorization to redeem the property
identified in the receipt, or to a person identified in writing by the pledger at the time of the
initial transaction and signed by the pledger, or with approval of the chief of police, or chief’s
designee. Written authorization for release of property to persons other than original pledger
must be maintained along with original transaction record.
1125.21. Holding period. Any item purchased or accepted in trade by a licensee must not be
sold or otherwise transferred for 30 days from the date of the transaction. An individual may
redeem an item 72 hours after the item was received on deposit, excluding Sundays and legal
holidays.
1125.23. Police order to hold property.
Subd. 1. Investigative hold. Whenever a law enforcement official from any agency
notifies a licensee to place an item on an investigative hold, the item must not be sold or
removed from the premises. The investigative hold shall be confirmed in writing by the
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originating agency within 72 hours and will remain in effect for 15 days from the date of initial
notification, until the investigative order is canceled, or until an order to hold/confiscate is issued
pursuant to this subsection, whichever comes first.
Subd. 2. Order to hold. Whenever the police chief confirms the investigative hold in
writing, the item must not be sold or removed from the licensed premises until authorized to be
released by the chief. The written order to hold shall expire in 90 days unless the police chief
determines the hold is still necessary and notifies the licensee in writing.
Subd. 3. Order to confiscate. If an item is identified as stolen or evidence in a criminal
case, the police chief may physically confiscate and remove it from the premises, pursuant to a
written order from the police chief, or extend the hold for as long as necessary, as provided in
Crystal city code, subsection 1125.23, subdivision 2, and leave it at the premises. When an item
is confiscated, the person doing so shall provide identification upon request of the licensee, and
shall provide the licensee the name and phone number of the confiscating agency and
investigator, and the case number related to the confiscation. When an order to hold/confiscate is
no longer necessary, the police chief shall so notify the licensee.
1125.25. Inspection of items. At all times during the terms of the license, the licensee must
allow law enforcement officials to enter the premises where the licensed business is located,
including all off-site storage facilities, during normal business hours, except in an emergency, for
the purpose of inspecting such premises and inspecting the items, wares, merchandise, and
records therein to verify compliance with this section or other applicable laws.
1125.27. Label required. Licensees must attach a label to every item at the time it is pawned,
purchased or received in inventory from any reportable transaction. Permanently recorded on
this label must be the number or name that identifies the transaction in the shop’s records, the
transaction date, the name of the item and the description or the model and serial number of the
item as reported to the police department, whichever is applicable, and the date the item is out of
pawn or can be sold, if applicable. Labels shall not be re-used.
1125.29. Prohibited acts. The following acts are prohibited:
(a) No person under the age of 18 years may pawn or sell or attempt to pawn or sell
goods with any licensee, nor may any licensee receive any goods from a person
under the age of 18 years;
(b) No licensee may receive any goods from an intoxicated person;
(c) No licensee may receive any goods, unless the seller presents identification in the
form of a valid driver’s license, a valid state of Minnesota identification card, or
current valid photo driver’s license or identification card issued by the state or
province of residency of the person from whom the item was received;
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(d) No licensee may receive any item of property that possesses an altered or
obliterated serial number or operation identification number or any item of
property that has had its serial number removed;
(e) No person may pawn, pledge, sell, consign, leave, or deposit any article of
property not their own, nor shall any person pawn, pledge, sell, consign, leave, or
deposit the property of another, whether with permission or without, nor shall any
person pawn, pledge, sell, consign, leave, or deposit any article of property in
which another has a security interest, with any licensee; and
(f) No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of
property with any licensee shall give a false or fictitious name, date of birth,
address of residence, or telephone number, nor shall they present a false or altered
identification, or the identification of another, to any licensee.
1125.31. License actions; penalties.
Subd. 1. License actions. In addition to the provisions contained in Crystal city code,
subsection 1000.31, a license issued under the section may be denied, suspended, or revoked for
a violation, within the preceding five years, of any law relating to theft, damage, or trespass to
property, sale of a controlled substance, or operation of a business.
Subd. 2. Civil penalties. If a licensee or an employee of a licensee is found to have
violated this section, the city council may impose an administrative penalty as provided in
Crystal city code, appendix IV.
1125.33. Business at only one place. A license issued under this section authorizes the licensee
to carry on its business only at the permanent place of business designated in the license.
However, upon written request, the police chief may approve an off-site locked and secured
storage facility. The licensee shall permit inspection of the facility as otherwise authorized for
the licensed premises. All provisions of this section regarding record keeping and reporting
apply to the facility and its contents. Property shall be stored in compliance with all provisions of
the city code. The licensee must either own the building in which the business is conducted, and
any approved off-site storage facility, or have a lease on the business premise that extends for
more than six months.
Section 1130 - Lawful gambling
1130.01. Lawful gambling.
Subd. 1. General rule. Pursuant to the provisions of Minnesota Statutes, section
340A.410, subdivision 5, lawful gambling may be conducted on premises licensed for the sale of
intoxicating liquor by organizations licensed by the Minnesota gambling control board (the
“Board”) under Minnesota Statutes, chapter 349 when a premises permit, if required by law,
therefor has been issued by the Board. Non-profit organizations licensed by the Board may
conduct lawful gambling on the licensed premises or adjoining rooms of on sale liquor
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establishments provided the gambling is in compliance with the law and the requirements of this
section are complied with.
Subd. 2. Expanded premises for lawful gambling. Notwithstanding anything to the
contrary in this section, lawful gambling may be conducted on any premises for which the
organization obtains a premises permit from the Board. Lawful gambling conducted on any
premises other than a licensed on-sale liquor establishment is subject to all the terms and
conditions of this section, except that references to on-sale establishments are deemed to include
any other premises for which a lawful gambling premises permit has been issued.
1130.03. City review.
Subd. 1. City investigation. Upon receipt of an application for an initial premises permit,
a background investigation of all interested individuals is required and shall be conducted
pursuant to Crystal city code, subsection 1000.19 prior to the issuance of the premises permit.
Subd. 2. City council action. The city council will not consider approval of an
application for an initial lawful gambling premises permit unless the application has been
approved by the Board or the Board has indicated in writing to the city clerk that Board approval
is granted pending only the approval of the city council. Thereafter, the city council will review
the application for a premises permit and, by resolution either approve the application or, if in its
judgment the conduct of lawful gambling at the premises will adversely affect the public health,
safety and welfare, decline to approve the application. The council may suspend or revoke a
previously granted premises or license permit when the Board has suspended or revoked the
corresponding state license, or in accordance with Crystal city code, subsection 1000.31, as the
case may be.
1130.05. Eligible organizations.
Subd. 1. Board licensed. The city will consider for approval only premises permits by
organizations that are licensed by the Board and meet all the conditions in Crystal city code,
subsection 1130.05, subdivision 2. When an application is submitted to the city the city will
presume that the applicant is eligible for the permit under state law, subject to review by the
Board.
Subd. 2. Eligibility criteria. An organization shall not be eligible to conduct lawful
gambling in the city unless it meets the requirements of Minnesota Statutes, chapter 349, and at
least one of the following conditions are met for an initial application and a perpetual license:
(a) The organization has at least 15 members that are residents of the city;
(b) The physical site for the organization’s headquarters or the registered business
office of the organization is located within the city or a municipality contiguous to
the city and has been located within the city or a municipality contiguous to the
city for at least two years immediately preceding application for a license;
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(c) The organization owns real property within the city and the lawful gambling is
conducted on the property owned by the organization within the city;
(d) The physical site where the organization regularly holds its meetings and
conducts its activities, other than lawful gambling and fund raising, is within the
city and has been located within the city for at least two years immediately
preceding application for a license; or
(e) The organization is a fire relief organization that provides fire protection services
to the city.
1130.07. Hours. For licensed on-sale establishments, lawful gambling may be conducted only
during the permitted hours of alcohol sale. For all other establishments, lawful gambling may be
conducted only between the hours of 11:00 a.m. and 12:00 midnight on any day.
1130.09. Distribution of proceeds.
Subd. 1. City fund. Each organization lawfully permitted to conduct gambling within
the city shall contribute to a fund administered and regulated by the city, without cost to such
fund, for distribution by the city for purposes authorized under Minnesota Statutes, section
349.213, subdivision 1, an amount equal to 10% of the organization’s net profits derived from
lawful gambling at premises within the city. For purposes of this subsection the term “net
profits” means profits less amounts expended for allowable expenses; the terms “profits” and
“allowable expenses” have the meanings given them by Minnesota Statutes, chapter 349 and
rules and regulations promulgated thereunder. Payments to the fund shall be made annually on
or before March 1 for the prior calendar year, and shall be submitted together with verifiable
supporting documentation.
Subd. 2. Trade area. Each organization conducting lawful gambling within the city must
expend 15% of its lawful purpose expenditures on lawful purposes conducted or located within
the trade area of the city. For the purposes of this subsection, the term “trade area” means the
area within the boundaries of the city and within the boundaries of the cities of New Hope,
Robbinsdale, Golden Valley, Brooklyn Center, and Brooklyn Park; provided that a contribution
to Independent School District No. 281 is deemed to have been made in the trade area of the city.
This subdivision applies only to lawful purpose expenditures of gross profits derived from lawful
gambling conducted at premises within the city. On or before each March 1, each organization
must file with the city: (a) a report listing all lawful purpose expenditures in the prior calendar
year, the name of the entity to whom each check was written, and the city location of the
recipient; and (b) a report prepared by an independent certified public accountant documenting
compliance with this subdivision.
Subd. 3. Election. Each organization conducting lawful gambling within the City may
apply the 10% net profits contribution requirement of subdivision 1 of this subsection against the
15% lawful purpose expenditures requirement of subdivision 2 of this subsection. Such election
shall be clearly disclosed in the report required by subdivision 2 of this subsection.
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1130.11. Filing. Organizations conducting lawful gambling shall file with the city clerk one
copy of all records and reports required to be filed with the Board, pursuant to Minnesota
Statutes, chapter 349 and rules adopted pursuant thereto. The records and reports shall be filed
on or before the day they are required to be filed with the Board.
Section 1135 - Adult establishments
1135.01 Findings and purpose. Credible studies have concluded that adult establishments have
adverse impacts on their surrounding neighborhoods. These impacts include increased crime
rates, lower property values, increased transiency, neighborhood blight, and potential health
risks. Based on these studies and findings, the city council concludes:
(a) Adult establishments have adverse secondary impacts of the types set forth above;
(b) The adverse impacts caused by adult establishments tend to diminish if adult
establishments are governed by geographic, licensing, and health requirements;
(c) It is not the intent of the city council to prohibit adult establishments from having
a reasonable opportunity to locate in the city;
(d) Minnesota Statutes, section 462.357 allows the city to adopt regulations to
promote the public health, safety, morals, and general welfare; and
(e) The public health, safety and general welfare will be promoted by the city
adopting regulations governing adult establishments.
1135.03 Definitions. For purposes of this section, the following terms have the meanings given
them in this subsection.
Subd. 1. Adult establishment. “Adult establishment” means any business that devotes a
substantial or significant portion of its inventory, stock-in-trade, or publicly-displayed
merchandise, or devotes a substantial or significant portion of its floor area (not including
storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the
public) to, or derives a substantial or significant portion of its gross revenues from items,
merchandise, devices or other materials distinguished or characterized by an emphasis on
material depicting, exposing, simulating, describing, or relating to specified sexual activities or
specified anatomical areas; or any business that engages in any adult use.
Subd. 2. Adult use. “Adult use” includes, but is not limited to, any of the following
activities or businesses:
(a) “Adult body painting studio” – an establishment or business that provides the
service of applying paint, ink, or other substance, whether transparent or non-
transparent, to the body of a patron when the person is nude.
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(b) “Adult bookstore or video store” – an establishment or business used for barter,
rental or sale of items consisting of printed matter (including books, magazines,
periodicals or other printed matter), pictures, slides, records, audio tape,
videotape, compact discs, digital video discs, motion picture film, or other visual
representations if a substantial or significant portion of such business or
establishment is devoted to material distinguished and characterized by an
emphasis on the depiction or description of specified sexual activities or specified
anatomical areas.
(c) “Adult cabaret” – a business or establishment that provides dancing or other live
entertainment distinguished or characterized by an emphasis on: (1) the depiction
of specified sexual activities or specified anatomical areas; or (2) the presentation,
display, or depiction of matter that seeks to evoke, arouse, or excite sexual or
erotic feelings or desire.
(d) “Adult companionship establishment” or “adult conversation/rap parlor” – a
business or establishment that provides the service of engaging in or listening to
conversation, talk, or discussion distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas.
(e) “Adult health/sport club” – a health/sport club that is distinguished or
characterized by an emphasis on specified sexual activities or specified
anatomical areas.
(f) “Adult hotel or motel” – a hotel or motel that presents material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas.
(g) “Adult massage parlor/health club” – a massage parlor or health club that
provides massage services distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas.
(h) “Adult mini-motion picture theater” – a business or establishment with a capacity
of less than 50 persons that presents material distinguished or characterized by an
emphasis on specified sexual activities or specified anatomical areas.
(i) “Adult modeling studio” – a business or establishment that provides figure
models who, with the intent of providing sexual stimulation or sexual
gratification, engage in specified sexual activities or display specified anatomical
areas while being observed, painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted.
(j) “Adult motion picture arcade” – any place to which the public is permitted or
invited where coin or slug-operated or electronically, electrically, or mechanically
controlled or operated still or motion picture machines, projectors, or other image-
producing devices are used to show images to five or fewer persons per machine
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at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities
or specified anatomical areas.
(k) “Adult motion picture theater” – a motion picture theater with a capacity of 50 or
more persons used for presenting material distinguished or characterized by an
emphasis on specified sexual activities or specified anatomical areas for
observation by patrons.
(l) “Adult novelty business” – an establishment or business that (i) derives 25% or
more of its gross receipts during any calendar month from, or (ii) devotes 25% or
more of its floor area (not including storerooms, stock areas, bathrooms,
basements, or any portion of the business not open to the public) to, items or
merchandise depicting specified sexual activities or specified anatomical areas or
devices that either stimulate human genitals or are designed for sexual
stimulation.
(m) “Adult sauna” – a sauna that provides a steam bath or heat bathing room used for
the purpose of bathing, relaxation, or reducing, if the service provided by the
sauna is distinguished or characterized by an emphasis on specified sexual
activities or specified anatomical areas.
(n) “Adult steam room/bathhouse facility” – a building or portion of a building used
for providing a steam bath or heat bathing room used for the purpose of pleasure,
bathing, relaxation, or reducing, and if the service provided by the steam
room/bathhouse facility is distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas.
Subd. 3. Nude or specified anatomical areas. “Nude or specified anatomical areas” mean
the showing of the human male or female genitals, pubic area, buttocks, or anus with less than a
fully opaque covering; the showing of the female breast with less than a fully opaque covering of
any part of the nipple; the exposure of any device, costume, or covering that gives the
appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair
region; or the exposure of any device worn as a cover over the nipples and/or areola of the
female breast, which device simulates and gives the realistic appearance of nipples and/or areola;
or human male genitals in a discernible turgid state, even if completely and opaquely covered.
Subd. 4. Specified sexual activities. “Specified sexual activities” means any of the
following:
(a) Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-
anal copulation; bestiality; direct physical stimulation of unclothed genitals;
flagellation or torture in the context of a sexual relationship; the use of excretory
functions in the context of a sexual relationship; anilingus; buggery; coprophagy;
coprophilia; cunnilingus; fellatio; necrophilia; pederasty; pedophilia; piquerism;
sapphism; or zooerastia;
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(b) Clearly depicted human genitals in the state of sexual stimulation, arousal, or
tumescence;
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation;
(d) Fondling or touching of nude human genitals, pubic regions, buttocks, or female
breasts;
(e) Situations involving a person or persons, any of whom are nude, who are clad in
undergarments or in sexually revealing costumes and engaged in the flagellation,
torture, fettering, binding, or other physical restraint of any person;
(f) Erotic or lewd touching, fondling, or other sexually oriented contact with an
animal by a human being; or
(g) Human excretion, urination, menstruation, or vaginal or anal irrigation.
Subd. 5. Substantial or significant. For purposes of this section, “substantial or
significant” means 25%.
1135.05. Additional conditions for adult cabarets. The following additional conditions apply to
adult cabarets:
(a) An owner, operator, or manager of an adult cabaret may not allow any dancer or
other live entertainer to display specified anatomical areas or to display or
perform specified sexual activities on the premises of the adult cabaret;
(b) A dancer, live entertainer, performer, patron, or any other person may not display
specified anatomical areas in an adult cabaret;
(c) The owner, operator, or manager of an adult cabaret must provide the following
information to the city concerning any person who dances or performs live
entertainment at the adult cabaret: The person’s name, address, telephone
number, email address, date of birth, and any aliases;
(d) A dancer, live entertainer, or performer shall not be under 18 years old;
(e) Dancing or live entertainment must occur on a platform intended for that purpose
and that is raised at least two feet from the level of the floor;
(f) A dancer or performer may not perform a dance or live entertainment closer than
ten feet from any patron;
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(g) A dancer or performer may not fondle or caress any patron and no patron may
fondle or caress any dancer or performer;
(h) A patron may not pay or give any gratuity to any dancer or performer; and
(i) A dancer or performer may not solicit or accept any pay or gratuity from any
patron.
1135.07. License required.
Subd. 1. A person may not own or operate an adult establishment without having first
secured a license as provided for in this section. Notwithstanding any other provision of this
Crystal city code to the contrary, the procedures set forth in this section establish the exclusive
method for obtaining an adult establishment license.
Subd. 2. Application. The application for an adult establishment license must contain all
information required on the city’s application form, including, but not limited to, the following:
(a) A statement detailing any gross misdemeanor or felony convictions relating to sex
offenses, obscenity, or the operation of an adult establishment or adult business by
the applicant, operator, or manager, and whether or not the applicant, operator or
manager has ever applied for or held a license to operate a similar type of
business in another community. In the case of a corporation, a statement detailing
any felony convictions by the owners of more than five percent of the issued and
outstanding stock of the corporation, and whether or not those owners have ever
applied for or held a license to operate a similar type of business in another
community;
(b) The activities and types of business to be conducted;
(c) The proposed hours of operation;
(d) The provisions made to restrict access by minors; and
(e) A building plan of the premises detailing all internal operations and activities.
1135.09. Investigation. A background investigation of all interested individuals is required and
shall be conducted pursuant to Crystal city code, subsection 1000.19 prior to the issuance of a
license or license renewal.
1135.11. Persons ineligible. In addition to the provisions contained in Crystal city code,
subsection 1000.17, a person is ineligible for a license under this section if they:
(a) Are under 21 years of age;
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(b) Are overdue, or their spouse is overdue, in payments to the city, county, or state
of taxes, fees, fines or penalties assessed against them or imposed upon them;
(c) Have been convicted, or their spouse has been convicted, of a gross misdemeanor
or felony or of violating any law of this state or local ordinance relating to sex,
obscenity, prostitution, adult establishments, sexual and labor trafficking,
controlled substances, or crimes against the person (including but not limited to
assault, robbery and kidnapping);
(d) Are not the proprietor of the establishment for which the license is issued; or
(e) Are residing with a person who has been denied a license by the city or any other
Minnesota municipal corporation to operate an adult establishment, or residing
with a person whose license to operate an adult establishment has been suspended
or revoked within the preceding 12 months.
1135.13. Places Ineligible. In addition to the provisions contained in Crystal city code,
subsection 1000.17, the following apply to adult establishment licenses:
(a) A license will not be granted for any adult establishment on premises where the
applicant or any of its officers, agents or employees has been convicted of a
violation of this section, or where a license hereunder has been revoked for cause,
until one year has elapsed after the conviction or revocation;
(b) A license will not be granted for any premises that is licensed under Crystal city
code, chapter XII; and
(c) A license will not be granted for any premises: (a) within 250 feet of any
residentially-zoned property boundary, church site, school site, day care facility,
park, or business licensed under Crystal city code, chapter XII; or (b) within 500
feet of another adult establishment. For purposes of this paragraph, distance shall
be measured horizontally from the main public entrance of the adult establishment
to the nearest point of a residentially-zoned property boundary, the property line
of a church site, school site, day care facility, park, or business licensed under
Crystal city code, chapter XII, and the main public entrance of another adult
establishment.
1135.15. Additional requirements for licensees. The licensee is responsible for the conduct of the
licensed place of business and must maintain conditions of order. In addition to adhering to all
other provisions provided in this Crystal city code, licensees shall adhere to the following
requirements:
(a) An adult establishment may not be open to the public between the hours of 10:00
p.m. and 8:00 a.m.
(b) A minor may not be permitted on the licensed premises;
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(c) Items or materials depicting specified sexual activities or specified anatomical
areas may not be offered, sold, transferred, conveyed, given or bartered to a
minor, or displayed in a fashion that allows them to be viewed by a minor;
(d) The licensee must keep itemized written records of all transactions involving the
sale or rental of all items or merchandise for at least one year after the transaction.
At a minimum, those records must describe the date of the transaction, a
description of the transaction, the purchase price or rental price, and a detailed
description of the item or merchandise that is being purchased or rented. These
written records must be provided to the city upon request; and
(e) The licensee must cover or otherwise arrange all windows, doors, and apertures to
prevent any person outside the licensed premises from viewing any items or
merchandise inside the premises depicting specified sexual activities or specified
anatomical areas.
Section 1140 - Therapeutic massage
1140.01. Findings. The city council finds and determines as follows:
(a) Persons who have recognized and standardized training in therapeutic massage,
health and hygiene provide a legitimate and necessary service to the general
public;
(b) Health and sanitation regulations governing therapeutic massage enterprises and
massage therapists will minimize the risk of the spread of communicable diseases
and promote health and sanitation;
(c) License qualifications for therapeutic massage enterprises and massage therapists
will minimize the risk that such businesses and persons may facilitate prostitution
and other criminal activity in the city; and
(d) Massage services provided by persons without recognized and standardized
training in massage can endanger citizens by facilitating the spread of
communicable diseases, by exposing citizens to unhealthy and unsanitary
conditions, and by increasing the risk of personal injury.
1140.03. Definitions. For purposes of this section, the terms defined in this subsection have the
meanings given them.
Subd. 1. Clean. “Clean” means the absence of dirt, grease, rubbish, garbage, and other
offensive, unsightly, or extraneous matter.
Subd. 2. In good repair. “In good repair” means free of corrosion, breaks, cracks, chips,
pitting, excessive wear and tear, leaks, obstructions, and similar defects.
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Subd. 3. In the city. “In the city” means physical presence as well as telephone referrals
such as phone-massage operations in which the business premises, although not physically
located within the city, serves as a point of assignment of employees who respond to requests for
services from in the city.
Subd. 4. Massage. “Massage” means the rubbing, stroking, kneading, tapping or rolling
of the body of another person with the hands for the purpose of physical fitness, health-care
referral, relaxation and for no other purpose.
Subd. 5. Operate. “Operate” means to own, manage, or conduct, or to have control,
charge or custody over.
Subd. 6. Therapeutic massage enterprise. “Therapeutic massage enterprise” means a
place of business providing massage services to the public for consideration. The term does not
include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for
the hospitalization or care of other human beings duly licensed under the provisions of
Minnesota Statutes, sections 144.50 through 144.69.
Subd. 7. Therapeutic massage therapist. “Therapeutic massage therapist” means a person
who practices or administers massage to the public for consideration.
1140.05. License required.
Subd. 1. Therapeutic massage enterprise. It is unlawful to operate, offer, engage in, or
carry on massage services in the city without first obtaining a therapeutic massage enterprise
license from the city.
Subd. 2. Therapeutic massage therapist license. It is unlawful to practice, administer, or
provide massage services in the city without first obtaining a therapeutic massage therapist
license from the city. Said licenses shall only be issued to someone that is affiliated with, or
employed by, the holder of a therapeutic massage enterprise license.
1140.07. Exemptions. A therapeutic massage enterprise license or massage therapist license is
not required for the following persons and places:
(a) Persons licensed by the state to practice medicine, surgery, osteopathy,
chiropractic, physical therapy, acupuncture, or podiatry, including those working
solely under the direction and control of said persons, provided that the massage
is administered in the regular course of the medical treatment not provided as part
of a separate and distinct massage business;
(b) Persons licensed by the state as beauty culturists or barbers, provided the persons
do not hold themselves out as giving massage treatments and provided that
massage by beauty culturists is limited to the head, hand, neck and feet and the
massage by barbers is limited to the head and neck;
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(c) Places licensed or operating as a hospital, nursing home, hospice, sanitarium, or
group home established for hospitalization or medical care; and
(d) Athletic coaches, directors, and trainers employed by public or private schools.
1140.09. General rule. The owner or operator of a licensed therapeutic massage enterprise may
employ only licensed therapeutic massage therapists to provide massage services. The owner or
operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic
massage therapist unless that owner or operator personally provides massage services.
1140.11. License application.
Subd. 1. Therapeutic massage enterprise. The application for a therapeutic massage
enterprise license must contain the following information:
(a) For all applicants:
(1) Whether the applicant is an individual, corporation, partnership, or other
form of organization;
(2) The legal description of the premises to be licensed together with a plan of
the area showing dimensions, location of buildings, street access, and
parking facilities;
(3) The floor number, street number, and rooms where the massage services
are to be conducted;
(4) If the application is for premises either planned or under construction or
undergoing substantial alteration, the application must be accompanied by
preliminary plans showing the design of the proposed premises (if the
plans for design are on file with the building inspector, no plans need be
submitted); and
(5) Other information that the city may require.
Subd. 2. Therapeutic massage therapist. An application for a therapeutic massage
therapist license must contain the following information:
(a) The applicant’s current employer;
(b) The applicant’s employers for the previous five years, including employer’s
name, address, and dates of employment;
(c) The applicant’s residence address for the previous ten years;
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(d) The applicant’s social security number, date of birth, home telephone number,
weight, height, color of eyes, and color of hair;
(e) If the applicant has ever been convicted of a felony, crime, or violation of an
ordinance other than a minor traffic offense and, if so, the time, place and offense
involved in the convictions;
(f) If the applicant has ever used or been known by a name other than the applicant’s
name, and if so, the name or names and information concerning dates and places
where used;
(g) Evidence that the applicant:
(1) Has current insurance coverage over $1,000,000 for professional liability in
the practice of massage;
(2) Is affiliated with, employed by or owns a therapeutic massage enterprise
licensed by the city; and
(3) Has either: (i) completed 400 hours of certified therapeutic massage
training from a school recognized as legitimate by the city manager, or its
designee; or (ii) has one year of experience practicing massage therapy as
established by an affidavit and can document within two years of obtaining
the license that the person has completed 400 hours of certified therapeutic
massage training from a recognized school. If a person who received a
license based on experience cannot provide said documentation within two
years, the license will not be renewed and the person may not receive a
license in the future unless the person attains the requisite training; and
(h) Any other information that the city may require.
1140.13. Investigation. A background investigation of all interested individuals is required and
shall be conducted pursuant to Crystal city code, subsection 1000.19 prior to the issuance of a
license or license renewal.
1140.15. General license requirements.
Subd. 1. Posting. A therapeutic massage enterprise license issued must be posted in a
conspicuous place on the business premises for which it is used. A person licensed as a
therapeutic massage therapist must have in possession a copy of the license when therapeutic
massage services are being rendered.
Subd. 2. Area. A therapeutic massage enterprise license is effective only for the compact
and contiguous space in the licensed business premises specified in the approved license
application. If the licensed business premises is enlarged, altered, or extended, the licensee must
inform the city manager. A licensed therapeutic massage therapist may perform on-site massage
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at a business, public gathering, private home, or other site not on the therapeutic massage
enterprise premises.
Subd. 3. Coverings. The therapist must require that the person who is receiving the
massage will at all times have that person’s breasts, buttocks, anus, and genitals covered with
non-transparent material or clothing. A therapist performing massage must have the therapist’s
breasts, buttocks, anus, and genitals covered with a non-transparent material or clothing.
Subd. 4. Prohibited massage. A therapist may not intentionally massage or offer to
massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person.
1140.17. Restrictions regarding sanitation and health.
Subd 1. Bathroom. A therapeutic massage enterprise must be equipped with adequate
and conveniently located bathroom for the accommodation of its employees and patrons. The
bathroom must be well ventilated by natural or mechanical methods and be enclosed with a door.
The bathroom must be kept clean and in good repair and be fully and adequately illuminated.
Subd. 2. Covers. A therapeutic massage enterprise must provide single-service disposal
paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the
massage. If the table, chair, or furniture on which a patron receives the massage is made of
material impervious to moisture, such table, chair or furniture must be sanitized after each
massage.
Subd. 3. Washing. The therapeutic massage therapist must wash the therapist’s hands
and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and
following each massage service performed.
Subd. 4. Cleanable surfaces. Massage tables, chairs, or furniture on which the patron
receives the massage must have surfaces that can be readily disinfected after each massage.
Subd. 5. Illumination. Rooms in a therapeutic massage enterprise must be fully and
adequately illuminated.
Subd. 6. Storage. A therapeutic massage enterprise must have a janitor’s closet that
provides for the storage of cleaning supplies.
Subd. 7. Refuse receptacles. Therapeutic massage enterprises must provide adequate
refuse receptacles that must be emptied as required by this Crystal city code.
Subd. 8. Good repair. Therapeutic massage enterprises must be maintained in good
repair and sanitary condition.
Subd. 9. Clean air act. Therapeutic massage enterprises must comply with the
requirements of the Minnesota Indoor Clean Air Act.
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Subd. 10. Spread of diseases. A therapeutic massage enterprise must take reasonable
steps to prevent the spread of infections and communicable diseases on the licensed premises.
Subd. 11. Clean clothing. Massage therapists must wear clean clothing when performing
massage services.
1140.19. Hours of operation. A licensed therapeutic massage enterprise may not operate for
business between the hours of 9:00 p.m. and 7:00 a.m.
ARTICLE III. This ordinance is effective upon adoption and 30 days after publication.
First Reading: ____________, 2018
Second Reading: __________, 2018
Council Adoption:_________, 2018
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
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