CHAPTER 110:  GENERAL REGULATIONS

Section

      110.01     Slaughter houses, produce houses and rendering plants

      110.02     Theaters, circuses and the like

      110.03     Billiards, pool halls and bowling alleys

      110.04     Games of skill

      110.05     Bottle club licenses

      110.06     Outdoor advertising signs

      110.07     Lawful gambling

§ 110.01  SLAUGHTER HOUSES, PRODUCE HOUSES AND RENDERING PLANTS.

     (A)     Permit required. No person, firm or corporation shall maintain or operate a slaughter house, produce house or rendering plant within the corporate limits of the City of Madelia, where any animals or fowls, either domestic or wild, are killed or slaughtered unless a permit has been granted therefor by the City Council as herein provided.

     (B)     License fee established. Applications for the permit shall be made to the City Council. The applications shall give the name of the applicant, his or her proposed place of business with a description of the premises, together with the nature of the business to be conducted on the premises and the anticipated volume thereof. The fee for the issuance of a permit shall be set by resolution, which shall be paid at City Hall before the permit is issued. The permit shall be granted only upon a majority vote of the City Council and the permit shall be continuous unless revoked as herein provided.

     (C)     Conditions of permit. It shall be a condition of the permit that the applicant shall at all times comply with the laws of the State of Minnesota in all matters pertaining to the business and with the regulations of the state and local Board of Health. It shall be a condition of the permit that the applicant will keep the premises described in the application clean and sanitary at all times and will remove all offal and refuse from the premises daily and will dispose of the same in a proper and sanitary manner. Any health officer of the State of Minnesota or of the City of Madelia shall have the right to inspect the premises at any reasonable time.

     (D)     Revocation of permit. The permit shall be revoked by the City Council upon a violation of the terms and conditions of the permit, upon a violation of any of the laws of the State of Minnesota or of any ordinance of the City of Madelia or upon a failure to comply with any of the rules and regulations of either the State Board of Health or the Health Officer of Board of Health of the City of Madelia.

(Ord. 5.20, passed 8-1-1955)

§ 110.02  THEATERS, CIRCUSES AND THE LIKE.

     (A)     License required. No person, firm or corporation shall give or maintain any show or public entertainment, circus, carnival, game or concert to which an admission is charged or for which private profit is expected, either directly or indirectly, within the City of Madelia, without securing a license therefor. Provided, no license shall be necessary for any entertainment given by amateurs, in which the performers do not receive any pay, or for a motion picture theater having a permanent location and operating on an annual basis.

     (B)     Application. Application for license hereunder shall be made to the City Administrator and shall give the name and address of the applicant, the nature of the entertainment, the place, time and duration thereof, method of advertising, references as to financial responsibility of applicant, and other information as the City Council may require from time to time. The application shall be made at least 14 days before the beginning of the proposed entertainment.

     (C)     License fees and bond.

          (1)     The application shall be accompanied by a fee for the respective type of entertainment as established by resolution.

          (2)     Upon the granting of any such application, the fee shall be paid over to City Hall for the benefit of the general fund of the municipality.

          (3)     Every application for a street entertainment, carnival, tent show or circus shall be accompanied by a cash or corporate surety bond to be approved by the Council in a reasonable amount found to be sufficient by the Council, conditioned that the licensee will not damage any street or other public property and will promptly and fully repay or repair any damages so done.

     (D)     Performances prohibited. No exhibition of an immoral, vulgar or obscene character shall be given within this municipality, and the presenting of any such performance shall be grounds for revocation of a license held hereunder and a violation of this section.

(Ord. 5.40, passed 8-1-1955; Ord. 5.401, passed 1-13-1964)

§ 110.03  BILLIARDS, POOL HALLS AND BOWLING ALLEYS.

     (A)     Application. This section shall apply to any place where one or more billiard or pool tables or bowling alleys are operated or maintained, except for private family use.

     (B)     License required. It shall be unlawful for any person, firm or corporation to keep within the city limits of the City of Madelia pool or billiard rooms and bowling alleys without first obtaining from the City Council a license to do so.

     (C)     Application for license.

          (1)     Application for the licenses shall be filed with the City Administrator, shall state the name and the residence of the applicant, and a description of the premises, stating the number of pool tables and billiard tables and bowling alleys desired to be operated.

          (2)     At the time of filing the application for a license, the applicant shall deposit at City Hall the license fee required by the City Council. The license fee shall be set by resolution. All licenses shall expire on December 31 of each year and any license issued after July 1 in any calendar year shall be one-half the annual fee.

(Ord. 5.50, passed 8-1-1955; Ord. 5.5002, passed 12-27-1965; Ord. 5.5003, passed 11-14-1994)

§ 110.04  GAMES OF SKILL.

     (A)     Definition. The term GAME OF SKILL as used herein shall include any device played by manipulating special equipment by hand or mechanically, or propelling balls, figures or numbers across a board or field into respective positions, the object of which is to secure a special number or number of high score, and to place the figures or numbers in special positions, which game may be played by the public generally at a price paid either directly or indirectly for the privilege, whether a prize is offered for the game or not, or whether known as a pin ball game or by any other name.

     (B)     License required.

          (1)     No person, firm or corporation shall operate or keep for operation any game of skill without having applied for and received a license therefor from the City Council as provided herein. Application for the license shall be made to City Hall and shall give the name and address of the owner or applicant, the place where the game or device is to be operated, the name, number and description of the game or particular piece of equipment to be licensed, the fee for playing the game, and other information as the City Council may require.

          (2)     Every such application shall be accompanied by an annual license fee for each game or particular piece of equipment to be licensed as provided for by resolution.

          (3)     All licensing fees shall be paid to the general fund of the City of Madelia. License applications shall be considered by the Council at its next regular meeting and be either granted or rejected.

          (4)     All licenses shall expire on the second Monday in January of each year.

          (5)     The annual license fee on applications made after January in each year shall be prorated on a monthly basis for the remainder of the year.

          (6)     Upon application to the City Hall, accompanied by the appropriate fee as established by resolution, any license issued hereunder may be reissued for a game of skill maintained or kept in place of the game of skill originally licensed, provided that all provisions of this section shall be complied with in the issuance of the license.

     (C)     Licenses to be displayed. Every license granted hereunder shall be posted in a conspicuous place on or near the game so licensed, and shall identify the same by number or description.

     (D)     Prohibited practices and restrictions. No person shall use any device licensed under this section as a gambling device, and no licensee shall permit any person to use any game licensed hereunder for gambling purposes.

(Ord. 6.40, passed 8-1-1955; Ord. 6.4001, passed 4-13-1992)

§ 110.05  BOTTLE CLUB LICENSES.

     (A)     As used in this section PERSON shall mean to include a natural person of either sex, persons, partnerships, corporations or associations of persons, and shall include the agent and manager of the aforesaid.

     (B)     Any person obtaining a bottle club permit or license from the Minnesota Liquor Control Commissioner pursuant to the provisions of state law shall pay, in addition to the license fee requirement of the Sate of Minnesota, an annual fee as established by resolution shall be paid into the general fund of the City of Madelia. This fee shall be paid within 14 days of the issuance of the license by the State Liquor Control Commissioner and each year thereafter within 104 days of the renewal of the license with the state. No portion of the fee paid to the City of Madelia shall be returned should the license be revoked by the Minnesota Liquor Control Commissioner.

     (C)     All licensed premises shall have the license of the state and the receipt from the City of Madelia posted in a conspicuous place on the premises at all times.

(Ord. 6.50, passed 12-8-1969)

§ 110.06  OUTDOOR ADVERTISING SIGNS.

     (A)     Permits required.

          (1)     The owner or occupant of any premises on which there is displayed an outdoor advertising sign having an area of six square feet or more, or the owner of the sign shall file an application with City Hall before any such sign is displayed.

          (2)     At the time of the filing of an application with City Hall for permission to display the sign, the applicant shall accompany the application with a description thereof and a sketch showing the size, location, manner of construction, manner of attachment to any other structure and other information as shall be necessary fully and completely to advise the City Council of the kind, size, construction and location of the same.

          (3)     No sign having an area of six square feet or more shall be displayed at any time unless a permit therefore, which shall specify the location of the sign shall have been granted by the Council, and the applicant shall have complied with the terms of this section and paid the application fee provided for herein.

          (4)     The City Council reserves the, right to deny the permit applied for if in the opinion of the Council the erection of the sign for which a permit is requested would tend to create or increase a traffic hazard or a situation dangerous or likely to become dangerous to the public.

          (5)     If any permit is denied an explanation shall be provided in the motion of the Council authorizing the denial of the permit.

     (B)     Removal of signs.

          (1)     All outdoor advertising signs shall be constructed in such a manner and of such material that they shall be safe and substantial according to plans and specifications to be approved by the Council.

          (2)     Every outdoor advertising sign, which may be or become out of order or unsafe and every sign which may be erected contrary to the provisions of this section or without first obtaining a permit therefore, shall be removed in accordance with the terms of this section.

          (3)     The City Council shall, by motion duly adopted, direct the City Administrator to give notice to the owner of any such sign or to the owner of the ground on which the sign shall stand to remove such within a time to be specified in the notice.

          (4)     In the event of the failure of the owner of any such sign or the owner of the ground on which the sign is located to remove the sign within the time stated in any notice issued by the City Administrator, the same may be removed by the city at the expense of the owner of the sign or the owner of the ground upon which the sign stands, and the amount of the expense may be collected by the city by action brought in any court of competent jurisdiction.

     (C)     Permit.

          (1)     The application for permit for any outdoor advertising sign for which a permit is required by this section shall be accompanied by the fee as required by resolution, paid to City Hall.

          (2)     The application for such a permit shall be presented by the City Administrator to the City Council at its next regular meeting. Nothing in this section shall be interpreted as authorizing the erection or construction of any sign not now permissible under the zoning or building ordinances of the city.

(Ord. 8.30, passed 8-1-1955)

§ 110.07  LAWFUL GAMBLING.

     (A)     Investigation fee.

          (1)     Any person or organization applying for a state license to conduct lawful gambling in the City of Madelia shall submit to a background investigation conducted by the city.

          (2)     At the time that it files its application for a license with the Charitable Gambling Control Board, the person or organization must furnish the city with a copy of the license application and such additional information as the city requires.

          (3)     The person or organization shall pay the city an investigation fee as established by resolution.

          (4)     No person or organization which is exempt from state license requirements is required to comply with these investigation requirements.

     (B)     Records and reports.

          (1)     All persons or organizations licensed by the Charitable Gambling Control Board operating in the City of Madelia shall keep monthly financial records of gambling proceeds and disbursements.

          (2)     Copies of all applications and reports required by and submitted to the Charitable Gambling Control Board shall also be submitted to the City Administrator of the City of Madelia within seven days after they are submitted to the Board.

(Ord. 6.63, passed 12-12-1988)

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