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STATE OF MINNE$OTA iaes, if such is required, the agplication premisea pr oP the neighborhood ie COUNTY OF RAMSEY and other paBers shall be forthwith re- diaturhed. VILLAGE OF ARDEN HILL3 turned to the applicant by the Clerk. (c) Ptemises free frnm refuse. No pes- AN ORDINANCE REGULATIIdG AND The Gouncil may refer the matter to son shall plsce, throw or deBosit LICENSING THE OPERATION OF the Planning Coxnmission for its con- any waste materis} wpon the out- DRIVE-IN $USINESS WITHIN THE aideration and report or, at its option, side premises or parking ares o! VILLAGE OF ARDEN 73ILLS, PRO- may immediately order a public hear- the drive-in business or on anq VIDING FOR LICENSE FEES, AND ing as provided herein. atreet, alley or adjoining property PRESCRIBING PENALTIES FOR VIO- In the event the application ia rePer- or in the vicinity except in ade- LATIQIVS. red to the Planning Commission the ap- quate receBtac1es qrovided for that ORDINANCE NO. 100 glicant may be required by that Com- punpose, nor shall the licensee Per- The Village Council of Arden Hills, misaion to appear before it for auch mit such conduct. Minnesota, doea hereby ordain as followa: further information as may be required. (d) Dieposal of refnse by licensee. The ' Section 1. Definitions: For the pur- Either the Council or the Planning Com- licensee ehall, at least once a day, pose of this ordinance the following Planning Commission, may require ad- diepose of waste materisls which terms, phrases, words and their deriva- mission, if reference is made to the tend to create a gublic nuiasnce ' tione shall have the meaning given here- ditional detailed information to deter- on the premises. The licensee shall jn• mine whether the standards hereinaftex provide a sufficient number of re- ~ (a) The word "shall" is always man- set forth have been met or will be met fuse containere on the premisea datory snd not merely directory. by the applicant. and ahall take all necessary atepg (b) °Village° is the Village of Arden Section 6. Standarda. to keep all of the premises free Hills. In determining to grant or deny an from waste materials. (c) Drive-in Businesa" is' any buei- application for a licenae hereunder the (e) Sale from windows and other opem- ness or establishment offering to the Counci] and the Planning Commission, inga. The sale of food or beverages public a service or food, whether if reference is made to the Planning shall not be permitted from an ` dairy products or any other food Commission, shall follow the following exterior window or other exterior item, where it ie not necessary standards, to-wit: opening in a drive-in reataurant. that the customer leave hia car (a) The possbile danger to health, (f) Hours of Operation. No drive-in or enter the building on the prem- morals and safety of the people of buainess ]icensed hereunder shall isea to make the purchase or ob- the Village. operate, nor shall any person be tain the service. In general such (b) The reputation of the applicant, served upon auch premises, be- businesaes provide parking apace ita officera or agents, if any, as tween the hours of 1 a.m. and 7 on the gremisea for the eustom- to moral'responeibility, good repu- a.m. The hours of operation oY ere, although thia is not a requit- tation, and apparent competence any particular businesa licenaed ed part of the deYinition. Any to operate the proposed businesa hereunder may be further restrict- - businesa offering prepared food, in a manner consistent with the . ed by the Cauncil for good cause - beverages, or dairy products by public health, safety and Sood in accordance with the standarda delivery to the customer m the morals. aet forth fn Section 6 hereof, and vehicle or for consumption by the (c) The desirability of aperation oY a such additional restriction as to cuetomer in the vehicle ia includ- drive-in bueiness at the proposed hoixre shall be shown upon the li- ed as a drtve-in business hereun- location durinq the hours applied cense issued to the applicant. der; except as hereinafter Provid- for with reference to whether there (g) Accesa. The licensee shall Frovide - ed. By way of illuatratian, but will be an unreasonable disturb- access to public streete or other without limitation, drive-in busi- ance af t6e peace and 9uiet of the public ways from at ]east two nesses inelude the following: , neighborhood. points on the premises at all tim- drive-in theater, t}rive-in bank, (d) The probability of interference ea. Such means af access shall he drive-m cafe, drive-m hamburger, with traffic or unreasonable traf- kep£ clear by the ]icensee at al] soft drink or ice cream establish- fic hazards arieing by reason of times to facilitate departure of menta, and drive-in ]aundry or dry the proposed operation. persons in motor vehiclea and to . cleaning stations. (e) The probability ofinterference permit entrance of fire apparatus Groeery stores,,confectionery etor_ with rights of the surrounding or, ambulance in case of emer- es, or drug atorea which offer property owners by reason of the gency. talce-home" foo@ services as an discarding of waste material b9 (h) Illuminatian of Area. The parking incidental part of their businese customers of the proposed businesa. area of any drive-in restaurant shall not be considered a drive-in Section 7. Pu61ic Hearing. shall be adequstely illuminated by -busmesa. A public hearing shall be held on each electric lights, but such illumina- . IL i9 recognized that sutomobile applieation hereunder which contsina 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 thQ meamng of this the Council by the Clerk. Sueh public anp ad]oining reaidenEis] proper- general definition, but they aze hearing shall be before the Council un- tq. sAecifically exc]uded from the de- less the Council refers the matter to the - (i) Drainage and Duat. The parking finition as used herein since they p]anning Cammission and directs that area on the pzemises shall permit . are considered to be such a vital the public hearing shall be held befoYe adequate drainage of surface wat- type of dtive-in buamess that they the Planning Commission. In either case er and shall be maintained or should be defined and treated as a the notice procedure as provi$ed in Sec- treated by the licensee in such completely separate category. tion 8 hereof shall be follotved. In the manner -as -to avoid dust an the (d) "Waste Maetrial" means paper event the public hearing is held before premisea. wps, strawa, napkins, garbage, the Planning Gommission the Planning (j) No service shall be rendered, de- beveragea and all other waste mat- Commisaion shall aubmit its report and liveriea made, or sales condueted ter intended for disPOSa] which, if recommendations thereon to the Council within the required front yard o4 not piaced in a praper receptacle, within 30 days after the date oP the the premises. Cuatomers served in tends to create a public nuisance public hearing and the matter shall be vehiclea on the premisea shall be by rendering;property unclean, un- placed on the Council agenda and action ssfe and unsightl parked to the- sides and/or the y taken thereon by the CounciI at the next rear of the principat structure. (e) "Person" is any person, form, regular Council meeting after such re- . Section 10. Revocation of License. partnerehip, association, corpora- port of the Planning Commission. The The Village Council shall have the tion, company or organization of report and recommendations of the Plan- authority to revoke or suapend the li- any kind. ning Commisaion shall be advlsory. cense issued hexeunder when the Coun- Section 2. Licenae and Special Use Per- Section 8. Notice Of Public Hearing. cil finds an,y of the following: mit Required. The Administrative Clerk shall mail (1) that the licensee is operating in No person shall canstruct, operate or notice of a pubfic hearing upon said ap- violation of' any governing law, , maintain a drive-in business within the plication to each of the property ownera ordinance, or regulation; Village without first obtaining auch within 260 feet 6f the outer boundaries (2) that the licensee has not complied apeci,a.L use permit or other permit as of the ]and which is the subject of the with all standards and provisions may be required by the ordinances of application. The Clerk shall take such of a apecial use permit; thie Village, and also obtaining a drive- names from the a4oresaid ownerahip re- (8) that the lieensee has pailed to prop- - in license as hereinafter provided. port required to be filed by the appli- erly maintain all ]andscaped areas, Section 3. Application Procednre, cant, and should make reasonable in- istructures, waste disposal con- , Applicatiot3s for licenses issued here- quiry to verify the addresses used, but tainers, access drives, parking . . under shal] be made upan blank forma- in no event shall the Clerk be re9uired areas, lighting, screening, and prepared ar.d made available bq the Vil- to search further than the telephone - other festures in a state of good - ]age Clerk and shall include the follow- directory for the City of Saint Paul and, repair and appearance. ing information, to-wit: if t:,e Clerk deems it neceseary, tele- (4) that the drive-in business consti- (1) The name: home address and pro- phone inquiry of the ofPice of the Ram- tutes a nuisance by reason of posed busmess address of the ap- Bey County Treasurer to determine the noise, dieorderly conduct or im- plicant; names and addresses used by that office mora] activity on the premises; (2) The number of motor vehiclea with respect to asid parcels. -Suchnotice (b) that maste material is not prop- ' which the proposed drive-in busi- shall be mailed at least 10 days before erly stored in containers and tends ness is designed to accommodate; the date of the hearing, but in no to create a publie nuisance by (3) The hours of operation for the pro- event shall failure of the Clerk to mail rendering property unclean, un- nosed drive-tn business ; sueh notice, or failure to receive such safe, unsanitary, and unsightly. (4) The Pact that the applicant has notice, invalidate the proceeding. Eefore revocation for any of . said be(,n granted a special use permit . Published notice of said hearing shall causes the Council shall direct the Clerk . 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 sub]ect premisea paper ky publication at ]east once ten in accordance w~th the Zonmg parent cause exists for revocation of Ordinance of Arden Hills and any days before the designated date of the the license The licensee, if he requests other apglicable regulationa or hearing and not more than thirty davs it, shall then be granted a public hear- before said dasignated date. The pub- ing before the Council at the next reg- - ordinanees. Iished and mailed notiee provided herein ular Counci] meeting, but such requeat (6) The application shall be accom- shall contain a despription of 'the land by the licensee for a Council hearing panied by an abstractor's owner_ which is the aubjeet of the ]icense ap- shnl] be made in writing addressed to ship report showing the property p]9catian. the Village Clerk. Following svch pvb- owners within 250 feet of the out- At the time and place deaignated for lic hearing, if one is requested by the er boundaries of the property the public hearing the Council or the licensee, the Council may then order which is t'he subject of the license Planniniz Commisaion, if the matter has revceation of the ]icense if, in its sound application, and the ownership of been referred to the Planning Commis- discretion, it finds good cause under the property which is the subject Bion, shall hear all those supporting or the procieions hereof. ~ of the application. oppoainG the lir.ense apUlication. Section 11. Severa6ility. . (6) Such other and additiona] infor- Sertion 9. Reffalationa For Maintenance The provisions of this ordinance shall mation as the Clerk aha]] conaider Of The Drive-In Bnsiness. be deemed aeverable, anc} in the event necessary to effectuafg- the pur-" provision of.the o;dinance is found pose of this Ordinance. A peraon granted a drive-in ]icense any 8ection 4. Application Fee. under the provisione of this ordinance to be invalid or in violation of any shall oDerate the busineas in accordance existing law, the other provisions here- coAmnpanied by application an applihereundercation shall fbee e ac of - with the following regulations, to-wit, of shall continue to be in full force and $26.00. (a) Qniet And Good Order. The li- effect. Section S. Council Procedare, censee shall maintain quiet and Section 12. Penelties. In the event the Clerk determines that good order upon the business perm- Violation dP 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 canduct or loit- $100.00 fine or ten days imprisonment. tain all re9uired information, the Clerk ering. 3ection 13. Effective Date. shall then submit the application and all (b) Noise and other distnrbancea by Thia ordinance shall be in ful] force papers to the Cauncil for its coneidera- patrons. Na person on Ehe drive-in and eff2et upon its passage and publica- - tion. In -the event that the Clerk deter- premises shall race the motor -of tion. mines that other information ia re- any motor vehicle, needlesely bring Passed b9 the Village Council af Ar- quired the papera may be returned to to a sudden start or atop any mot- . den Hills this 26th day of June, 1967. the applicant for such further informa- or vehicle, tinnecessarily blow any ROBERT E. NET$ERCUT, tion. In the event the property is not horn, or, make or cause to be made MAYOR properly zoned for a drive-in buainesa or any other loud or unseemly noise, Attest: s apPCisl use permit has not been grant- nuisance or diaturbance whereby LORRAINE E. STROMQUIST ed for a drive-in busineas on said prem- the quiet and good order of the Bdministrative Clerk