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HomeMy WebLinkAboutCity Council Ordinance 2014-13CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2014-13 AN ORDINANCE AMENDING CHAPTERS 1, 51 61 10, AND 12 OF THE PLYMOUTH CITY CODE (2013085 £t 2013066) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 105.01, Subd. 72 of the Plymouth City Code (DEFINITION OF TERMS; INTERPRETATION; CONFLICTS—DEFINITIONS OF COMMONLY USED TERMS) is repealed as follows: Subd. 72. "Pr-iva4e Residential Pool" Means a per+nanefit or- PaAable Swimming pool, meFe at anY peint and (a) a sur-faee area of 250 squar-e feet or- more, or- (b) a voluffle of 3,25 -0 gallons or- more. (Repealed) SECTION 2. Amendment. Section 105.01 of the Plymouth City Code (DEFINITION OF TERMS; INTERPRETATION; CONFLICTS—DEFINITIONS OF COMMONLY USED TERMS) is amended by adding, changing, and deleting the following definitions as follows: Subd. 112. "Swimming Pool" means any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, relaxation or recreational bathing. Subd. 113. "Swimming Pool Private Residential" means any permanent or portable structure such as a pool hot tub or spa located on private property under control of the homeowner, the use of which is limited to swimming or recreational bathing by the owner's family or invited guests and having a depth of two feet or more at any point and (a) a surface area of 250 square feet or more, or (b) a volume of 3,250 gallons or more. Subd. 4-44114. "Taxicab" means any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same be operated from a street stand or subject to calls from a garage, or otherwise operated for hire except private auto deliveries as herein defined but the term shall not include vehicles subject to control and regulation by the Minnesota Public Utilities Commission or vehicles regularly used by undertakers in carrying on their business. (1) Subd. 444115. "Taxicab Driver" means any person who drives a Taxicab, either as the owner of the Taxicab or as an employee of a Taxicab operator. Subd. 44-5116. "Taximeter" means any mechanical instrument or device by which the charge for hire of a Taxicab is mechanically calculated, whether by distance traveled or waiting time, or by both, and upon which charge shall be indicated by figures. Subd. 44-6117. "Tobacco Product" means cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scrips, clippings, cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. (Ord. 96- 04, 2/21 /96) Subd. 447118. "Transfer of Ownership or Control" of a sexually oriented business means and includes any of the following: A. The sale, lease, or sublease of the business; B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 2002-12, 3/26/2002) Subd. 44-9119. "Transient Produce Merchant" means any person who engages in or transacts in any temporary and transient business within the City, selling the products of the farm or garden occupied and cultivated by that person; and, who for the purposes of carrying on such business, hires, leases, occupies, or uses, site, parking lot, vacant lot, motor vehicle, or trailer on a site other than the property on which the produce is grown and cultivated, in a zoning district where it is allowed by the Code and Zoning Ordinance. (Ord. 2004-03, 1/13/2004) Subd. 44-4120. "Under Restraint" means an animal controlled by a fence, leash or its owner's command within the confines of the owner's property or by a leash not exceeding six feet in length while outside of the owner's property and under the control and direction of the owner or a member of the immediate family, so as to be as effectively restrained, or within a vehicle that is enclosed sufficiently so as to prevent the animal from exiting the vehicle. Subd. 4-X8121. "Vehicle" means a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides, and transport persons or property or pull machinery, and shall include, without limitation, automobiles, trucks, trailers, Motorcycles and tractors. (2) SECTION 3. Amendment. Section 524.03, Subd. 9. A. of the Plymouth City Code (DESIGN STANDARDS—LOT IMPROVEMENTS) is amended as follows: A Soil Presen,atie and Final Grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat. and the 'ot eever-ed with top soil with ae depth of at buildingsleast four itneheos eve, ate -.41.- area of the 18ti exeept that. %4 -by + or where the br-ade has not been b seeding,ser-iously Elamaged. The soil shall be stabilized by planting or- speeified in the b one ineh in Eliameter-. Top soil shall not be removed ffam the subdivision or tised spoil. SECTION 4. Amendment. Section 530.23, Subd. 3 of the Plymouth City Code (TREE PRESERVATION—INSPECTION AND ENFORCEMENT OF TREE PRESERVATION PLAN) is amended as follows: Subd. 3. Prior to issuance of a certificate of occupancy for an individual lot (if within a subdivision), the subdivider (or builder if different from the subdivider) shall contact the City Forester to schedule a final tree preservation inspection to verify the preservation of trees and the planting of any reforestation trees, as shown on the approved tree preservation plan. This required inspection shall be made at least five working days before the certificate of occupancy is requested. Prior to issuance of a certificate of occupancy, a fine of $150 per inch shall be paid for the disturbance of all significant tree inches that have not been protected, but were shown as protected on the approved tree preservation plan. Any such fines collected shall be placed in the Community Planting Fund and shall be used for reforestation projects in the City. SECTION 5. Amendment. Section 600.18 is added to the Plymouth City Code (GARBAGE AND RUBBISH DISPOSAL—DUMPSTERS) as follows: 600.18. Dumpsters. Subdivision 1. Single-family, two-family, and townhome dwellings. Dumpsters bag dum_psters and other rubbish containment containers (excluding standard trash and recycling bins used in conjunction with non -nal household operations) are permitted to be located outside for not more than 30 days within any one-year period, unless being utilized in coniunction with an active building pen -nit for a temporary service such as a construction or remodeling, project benefitting the premises. Subd. 2. Uses other than single-family, two-family, and townhome dwellings. Dumpsters bag dumpsters and other rubbish containment containers (excluding those used in conjunction with normal business operations that are located within permanent dumpster enclosures approved on a site plan) are permitted to be located outside for not more than 30 days within any one-year period unless being utilized in conjunction with an active building permit for a temporary service such as a construction or remodeling project benefitting the premises. (3) SECTION 6. Amendment. Section 1010.01, Subd. 5 of the Plymouth City Code (LICENSE FEES—FEES) is amended by adding subparagraph D as follows: D. Brewer 1206 Brewpub off -sale malt liquor $380 Brewer off -sale malt liquor $380 Brewer taproom $2,500 SECTION 7. Amendment. Section 1201.03 of the Plymouth City Code (STATE LAW ADOPTED/DEFINITIONS—DEFINITIONS) is amended by adding the following definitions, and re -lettering the subsequent definitions: A. Brewer: The term "Brewer" means a person who manufactures malt liquor for sale_ B. Brewpub: The term "Brewpub" means an establishment in which malt liquor is brewed or manufactured for sale and consumption on tap on the premises where the malt liquor is brewed or for sale and personal consumption off the brewer's premises. SECTION 8. Amendment. Section 1206.02 of the Plymouth City Code (RETAIL LICENSES—TYPES OF LICENSES) is amended by adding the following subsections: L. Brewpub Off -Sale Malt Liquor License. A brewpub off -sale malt liquor license may be issued with the approval of the Commissioner of Public Safety, to a brewer who holds an on -sale intoxicating liquor or 3.2 percent malt liquor license issued by the citv for a restaurant operated in the place of manufacture subject to the following conditions: 1. The malt liquor sold off -sale must be produced and packaged on the licensed premises. 2. Off -sale of malt liquor shall be limited to the legal hours of off -sale and the malt liquor sold off -sale must be removed from the premises before the applicable off -sale closing time at exclusive liquor stores. 3. The malt liquor sold off -sale shall be packaged in 64 -ounce containers commonly known as "growlers" or in 750 milliliter bottles and shall have the following requirements for packaging: a. The containers or bottles shall bear a twist type closure, cork, stopper or plug. (4) b. At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and shall extend over the top of the twist type closure, cork, stopper or plug fonning a seal that must be broken upon opening, of the container or bottle. C. The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. d. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container or bottle packaged as required herein shall be considered intoxicating; liquor unless the alcohol content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. 4. The retail sales for a brewer/licensee at on -sale or off -sale under this subsection may not exceed 3,500 barrels per year, provided that off -sales may not total more than 50 percent of the brewer/licensee's production or 500 barrels whichever is less. 5. A brewer operatinga, brewpub may hold or have an interest in other retail on -sale licenses, but may not have an ownership interest in whole or in part or be an officer, director, agent or employee of, any other manufacturer, brewer, importer, or wholesaler or be an affiliate thereof, whether the affiliation is corporate or by management, direction or control. Notwithstanding this prohibition, a brewer licensed under this provision may be an affiliate or subsidiary company of a brewer licensed in Minnesota or elsewhere if that brewer's only manufacture of malt liquor is: a. As a brewpub as defined herein and limited to the regulations of a brewpub by this Chapter; b. Manufactured in another state for consumption exclusively restaurant located in the place of manufacture or brewing; or C. Manufactured in another state for consumption primarily in a restaurant located in or immediately adjacent to the place of manufacture, if the brewer was licensed subject to the regulations herein on January 1, 1995. M. Small Brewer Off -Sale Malt Liquor License. A brewer licensed by the Commissioner of Public Safety under Minnesota Statutes 340A.301, subd. 6 (c), (i), or (j) may, with the approval of the Commissioner of Public Safety, be issued a license by the city for off -sale of malt liquor subject to the following; conditions: 1. The malt liquor sold off -sale must be produced and packaged by the brewer on the licensed premises. (5) 2. The amount of malt liquor sold at off -sale may not exceed 500 barrels annually. 3. Off -sale of malt liquor shall be limited to the legal hours of off -sale and the malt liquor sold off -sale must be removed from the premises before the applicable off -sale closing time at exclusive liquor stores. 4. The malt liquor sold off -sale shall be packaged in 64 -ounce containers commonly known as "growlers" or in 750 milliliter bottles and shall have the following requirements for packaging_ a. The containers or bottles shall bear a twist type closure, cork, stopper or plug. b. At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and shall extend over the top of the twist type closure, cork, stopper or plug forming a seal that must be broken upon opening of the container or bottle. C. The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. d. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcohol content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. 5. A brewer may have only one small brewer license under this subsection, and the city shall not issue a license under this subsection if the brewer has a small brewer license issued under Minnesota Statutes 340A.301, subd. 6d, anywhere else in the state. 6. The city shall not issue a license under this subdivision to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising, control over the brewer seeking the license is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. N. Brewer Taproom License. A brewer who has a license from the Commissioner of Public Safety may be issued a license by the city for on -sale of malt liquor subject to the following conditions: (6) 1. The malt liquor sold for consumption on -sale must be produced by the brewer on the licensed premises. 2. No other beverages containing alcohol may be sold or consumed on the licensed premises. 3. Days and hours of operation for on -sale of malt liauor at a brewer taproom shall be within the following: Wednesdays, Thursdays and Fridays from 3 PM to 11 PM, and Saturdays from noon to 11 PM. 4. The area devoted to on -sale whether indoor, outside, or a combination thereof) shall not exceed 15 percent of the gross floor area of the overall brewery or 2,000 square feet, whichever is less. 5. The brewer demonstrates that adequate parking would be provided for the taproom use. 6. Any outside seating or entertainment areas shall be located not less than 500 feet from schools and residential land uses. Outside seating or entertainment areas shall not have live music or amplified music unless allowed as a "special event" under a separately issued administrative permit. 8. The brewer may ay rrange for food trucks or take-out food delivery service during taproom hours of operation. 9. The license and taproom would, in all other respects, comply with the applicable regulations of Minnesota Statues 340A.301, subd. 6b. SECTION 9. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the Plymouth City Council on February 25, 2014. ux°Rlaq-- Kelli Slavik, Mayor ATTEST: (7)