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STATE OF MINNE30TA iaes, if such is required, the agplication pretnises or of the neighborhood ia COUNTY OF RAMSEY and other papera shall be forthwith re- disturbed. VILLAGE OF ARDEN HILLS turned to the applicant by the Clerk. (e) Premisea free from refuse. No Ber- AN ORDINANCE REGULATING AND The Council map refer the matter to son shall place, throw or deposit LICENSING THE OPERATION OF the Planning Commission for ita con- any waste material wpon the out- DRIVE IN EU3INE5S WITHIN THE sideration and report or, at ita oHtion, side premises or parking ares ot VILLAGE OF ARDEN HILLS, PRO- may immediately order a public hear- the drive-in busineae or on any VIDING FOR LICENSE FEES, AND ing as provided herein. atreet, alley or adjoining property PRESCRIBING PENALTIES FOR VIO- In the event the agplication is refer- or in the vicinity except in ade- LATIONS. red to the Planning Commission the ap- quate receDtacles provided for that ORDINANCE NO. 100 plicant may be required by that Com- yurpose, nor shall the licenaee per- . The Village Council of Arden Hilla, miseion to appear before it for such mit auch condnet. Minnesota, does hereby ordain as follows: further infnrmation as may be required. (d) Dieposal of refuse by licensee. The Section 1. Definitions. For the pur- Either the Council or the Planning Com- licenaee eha]], at ]esst once a day, pose of this ordinance the following Planning Commission, may require ad- dispose of waste materiels which terms, phrasea, words and their deriva- mission, if reference is made to the tend to create a public nuisance tions shall have the meaning given here- ditional detailed information to deter- on the premises. The licensee shall in. mine whether the atandarda hereinaftex provide a sufficient number of re. • (a) The word "shall" is always man- set forth have been met or will be met fuse containera on the premisea datory and not merely directory. by the applicant. and sball take all necessary atepa (b) Village" ia the Village af Arden Section 6. Standarda. to keep all of the prexnises free Hills. In determining to grant or deny an from waste materials. (c) Drive-in Buainess" is any buai- application for a license hereunder the (e) Sale from windows and other open- • ness or establishment offering to the Council and the Planning Commission, inga. The sale of foad or beveragea public a service or food, whether ip reference is made to the Planning shall not be permitted from an dairy producta or any other food Commission, shall follow the folloiving exterior window or other exterior item, ovhere it ie not necessary standards, to-wit: opening in a drive-in restaurant. that the customer lesve his car (a) The possbile c}anger to health, (f) Houra of Operation. No drive-in or enter the building on the prem- morals and safety of the people of business licensed hereunder shall . iaea to make the Purehase or ob- the Village. operate, nor shall any gerson ba tain the service. In general such (b) The reputation of the applicant, eerved up6n such premises, be- - husinesses provide parking space its officers or agents, if any, as tween the hours of 1 a.m. and 7 on the premises for the custom- to moral responsib4lity, good repu- s.m. The houra of operation oY ers, although this ie not a re9uir- tation, and apparent competence any particular business licensed ed part of the definition. Any to operate the proposed businesa hereunder may be further restrict. busineas offering prepared food, in a manner consistenL with the ed by the Council for good cause beveragea, or dairy producta by public health, safety and Bood in accordance with the atandarda delivery to the customer in the morals. set forth in Seetion fi hereof, and vehicle or for consvmption by the (c) The desirability of aperation oP a such additional restrietion as to customer in the vehicle is includ- drive-in business at the proposed hoizrs shall be shown upon the li_ ed as a drive-in buainess hereun- location during the hours applied cense iseued to the applicant. der; except as hereinafter Provid- for with reference to whether there (g) Access. The ]icensee shall provide ed. By way of illustra2ion, but will be an unreasonable disturb- access to public streets or other withaut limitation, drive-in busi- ance of the peace and quiet of the puhlic ways from at least two nessea include the following: neighborhood. pointa on the premises at al] tim. drivetin theater: drive-in bank, (d) The probability of interference ea. Such means of access shall be drroe-in cafe, drive-m hamburger, with traffic or unreasonable traY- kept. clear by the ]icensee at al] soPt drink or ice ereatn establieh- fic hazards arising by reaeon af times to facilitate departure of ments, and drive-in laundry or dry the proposed operation. " cleaning stationa. APrsone in motor vehiclea and to Grocery stores, confectioner stor- (e) The probability of interference permit entranee of fire apparatus s with rights of the surrounding or ambulance in case of emer- es, or drug atores which offer property owners by reason of the gency. "take-home" food services as an diacarding of waste material by (h) Illumination of Area. The parking 9ncidental part of their businesa customers of the proposed business. area of any drive-in restaurant shall not be considered a drive-in gection 7. Pu61ic Hearing. shall be adequately illuminated by buainese. A public hearing shall be held on each electric lighta, but such illumina- It i9 recognized that sutomobile application hereunder whieh conEains the tion Shall be so arranged by the service stations are a drive-in bus- required information and is referred to . licensee as to reflect away from- -iness within the meaning of this the Council by the Clerk. Such public any adjoining residential proper- general definition, but they' are hearing shall be before the Council un- ty. specifically excluded from the de- ]ess the Council refers the matter to the (i) Drainege and Dust. The parking finition as used herein since they planning Commission and directs that area on the premises shall permit are considered to be auch a vital the public hearing shall be held before adequate drainage af aurface wat- type of drive-in business that they , the Planning Commission. In'either case er and shall be maiirtained or should be defined and treated as a the notice procedure as provided in Sec- treated by the ]icensee in such completely separate category. tion S hereof shall be followed, In the manner as to -avoid dust on the (d) "Waste Maetrial" means paper event the Aublic hearing is held before premises cups, straws, napkins, garbage> . • the Planning Gommission the Planning (j) No service shall be rendered, de_ beverages and all other waste mat- Commission shal] submit 3ta report and liveries made, or salea conducted ter intended for disposa] which, iY recommendations thereon to the Council within the required front yard of , not placed in a proper receptacle, within 30 days after the date of the the tends to create a Dublic nuisance premises. Customers served in by ren$ering property unclean, un- Public hearing and the matter shall be vehicles on the premiaes shall be safe and unaightly.. placed on the Council agenda and action parked to the aides and/or the (e) "Person" ia any person, form, taken thereon by the Council at the next rear of the prineipa] atrueture. purtnership, association, corporer regular Council meeting after such re- 8ection 10. Revocetiun of License. tion, company or organization of port of the Planning Commission. The , The Village Counei] shall have the any kind. report and recommendations of the Plan- autharity to revoke or suspend the li- Section 2. Licenae and Special Use Per- ning Commisaion shall be advisory. cense issued hereunder when the Coun_ mit Reqnired, Section S. Notice Of Pnblic Hesring. cil finds any of the following: No person shall construct, operate or The Administrative Clerk ahall mail (1) tbat the licensee is operating in notice of a public hearing upon said aP- violation of sny governing law, maintain a drive-in busineas within the pl;cation to each of the property ownera ordinance, or regulation: Village without firat obtaining such within 250 feet of the outer boundaries (2) that the ]icensee has-not complied epecial use permit or other permit ae of the land which is the subject of the with all standarde and provisions may be required by the ordinances o4 application. The Clerk shall take such , of a apecial use permit; this Village, and also obtaining a drive- names from the aforesaid ownership re- (3) that the licensee has failed to prop- in license as hereinafter provided. port required to be filed by the appli- erly maintsin all landacaped areae, $ection 3. Application Prceednre. cant, and should make reasonable in- etructures, waste dispaaal con- - Applications for licenses issued here- quiry to verify the addresses used, but tainers, access drives, parking under shall be made upan blank forma in no event shall the Clerk be required areas, lighting, screening, and' prepared and made available by the Vil- to search further than the telephone other features in a state of good lage Clerk and shall include the follow- directory for the City of Saint Fau] and, repair and appearance. ing information, to-wit: if tie Clerk deems it necessary, te]e- (4) that the drive-in business consti- (1) The name, home addresa and pro. phone inquiry of the office of the Ram- tutes a nuisance by reason of posed buainesa address of the ap- eey County Treasurer to determine the noise, disorderly conduct or im- plicant; names and addresses used by that office moral activity on the premises; (2) The number of motor vehicles with respect to said pareels. Such notice (6) that waste material is not prop- which the proposed drive-in busi- shall be mailed at ]east 10 days before erly atored in containers and tends ness is deaigned to accommodate; the date of the hearing, but in no to create a public nuisance by (3) The hours of operation for the pro- event shall failure of the Clerk to mail rendering property unclean, un- posed drive-in business ; such notice, or failure to receive euch safe, unsanitary, and unsightly. (4) The fact that the applicant has notice, invalidate the proeeeding. Before revocation for any of said becn granted a special uae permit published notice of said hearing shall causes the Council shall direct the Glerk for the operation of a drive-in be given in . the official Village newa- to mail notice to the licensee that ap_ " business on the subject premises paper Lp Dublication at ]east ance ten -parent cause exists far revocation of • in accordance with the Zoning days before the designated date of the the license The licensee, if he requesta Ordinance of Arden Hilla and any hearing and not more than thirty daya it, shall then be granted a public hear- other applicable regulations or before said decip.nated date. The pub- ing before the Council at the next reg_ ordinances. liehed and mailed notice provided herein u]ar Council meeting, but such request (6) The application shall be accom- shall conta~n a desr.ription of the land by the licensee for a Council hearing panied by an ab9tractor's owner. . which ia the subject of the license ap- shall be made in writing addressed to ship report showing the property plication. the Village Clerk. Following such pub- owners within 250 feet of the out- At the time and place designated for lic hearing, if one is requestec} by the er boundaries of the property the public hearing the Council or the ]icensee, the Council may then order which is t'he subject of the license planning Commission, if the matter has revocation of the license if, in its sound application, and the ownership of been xeferred to the Planning Commis- discretion, it finds good cause under the property- which is the subject $ion, shall hear all those supportinq or the procisiong hereof. • of the application. opposinq the ]ir.ense aFUlication. - - Section 11. 3everability. (6) Swch other and additiona] infor- ge,tion 9, Rewalations For Maintenance The provisiona of this ordinance shall mation as the Clerk shall cansider Of The Drive-In Business, be deemed severable, anc} in the event necessary to effectuatg the pur- provision of the ordinance is found " pose op this Ordinance. A person granted a drive-in licenae any Section 4. Applicatiun Fee. nnder - the pravisions of this ordinance to 6e invalid or in vioiation of any An application hereunder shall be ac- ahall operate the business in accordance existing ]sw, the other provisions here- companied 6y ap application fee of with the follawing regu]ations, to-wit: of sliall continue to be in full 4orce and $26.00. (a) Quiet And Good Otder. The li- ePfeet. g~tion 12. Penalties. Section 5. Council Procednre. censee shall maintain quiet and In the event the Clerk determines that good order upon the husiness perm- Violation of this ordinance shall con- the application and the accompanying ises and shall not permit disor- stitute a misdemeanor, punishable bY _ documents are in proper form and con- derly or immoral conduct or loit- $100.00 fine or ten daya imprisonment. - tain all re9uired information, the Clerk ering. Bection 13. Effective IIate. " , - shall then submit the application and all (b) Noise and other distarbancea by This ordinance shall be in full faree papers to the Counci] foi its coneidera- , patrans. No person on-the drive-in and effect upon its passage and pubkica- " tion. In the event that the C7erk deter- premises shall race the motor ot tion. - , mines that other information is re. any motor vehicle, needlessly bring Passed by the Village Council of Ar- - quired the paAers may be returned to to a sudden start or stop any mot- den Hills this 26th dap of June; 1987.. the applieant for such further informa- or vehicle, unnecessarily btow anq ROBERT E. NETHE'RC'UT, ' tion. In the event the property is not horn, or make or cause to be made MAYOR properly zoned for a drive-in business or any other loud or unseemly noise, Attest: - a apPCial use permit has not heen grant- nuisance or disturhance whereby LORRAINE E. STROMQUIST ed for a drive-in buainess on said prem- the quiet and good order of the Adminiatrative Clerk