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HomeMy WebLinkAbout116-15 Charlie's Outdoor Music 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-15 AN ORDINANCE AMENDING CITY CODE SECTION 1102.1600 EXPANSION OF A NONCONFORMING RESTAURANT USE AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. Subsection 1102.1600 (3) h of the Prior Lake City Code is amended by inserting the word “Friday-” before the word Saturday in the first sentence. 2. Subsection 1102.1600 (4) l of the Prior Lake City Code is amended by inserting after the first sentence the following: All outdoor music shall be subject to City Code Section 307 relating to Outdoor Events except for outdoor amplified dinner music, live or otherwise (“Dinner Music”), which shall be permitted subject to the following conditions: i) Dinner Music may be played only between 3:00 p.m. and 8:00 p.m. Thursday through Saturday; ii) Dinner Music may only be played twenty (20) days per year through December 31, 2016; iii) iv) Dinner Music shall not exceed a decibel level of sixty-five (65) decibels as measured at a distance of one hundred (100) feet from the event site; iv) Dinner Music is subject to City Code Section 605 relating to Public Nuisances; v) A schedule of Dinner Music dates shall be provided to the City by May 15 each year. Any revisions to the schedule shall be provided to the City at least seven (7) days in advance of any newly scheduled or rescheduled event; and vi) If Dinner Music violates any provision of this Section 1102.1800 or any other provision of the City Code in the City Council’s sole discretion, the City Council may immediately prohibit all future Dinner Music by written notice to the manager of the restaurant. Such prohibition may be lifted only by the City Council in the City Council’s sole discretion. 3. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 25th day of July, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor A Summary of this Ordinance to be published in the Prior Lake American on the 30th day of July, 2016. CITY OF PRIOR LAKE ORDINANCE NO.116-15 AN ORDINANCE AMENDING CITY CODE SECTION 1102.1600 EXPANSION OF A NONCONFORMING RESTAURANT USE AND-',, ADOPTING BY REFERENCE Affidavit of Publication CITY COBE PART 1 WHICH, Southwest Newspapers AMONG®TREK THINGS, CONTAINSi PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, State of Minnesota) MINNESOTA,ORDAINS: 1. Subsection 1102.1600 )SS. (3)h of the Prior Lake City Code is amended by inserting the, County of Scott ) word"Friday-"beforethe word Saturday in the first sentence. 2. Subsection 1102.16001 (3)I of the Prior Lake City Code Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized is amended by inserting after the agent of the publisher of the newspapers known as the Shakopee Valle News Jordan Inde en- first sentence the following: g pp Y � P All outdoor music shall be dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as subject to City Code Section follows: 307'relating to Outdoor Events except for outdoor amplified (A)These newspapers have complied with the requirements constituting qualification as a legal dinner music,live or otherwise' newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ("Dinner Music"),which shall be amended. permitted subject to the following conditions: ` i) Dinner Music may be (B)The printed public notice that is attached to this Affidavit and identified as No. played only between 3:00 p.m.` was published on the date or dates and in the newspaper stated in the attached Notice and said and 8:00 p.m.Thursday through Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of Saturday; the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both ii)Dinner Music may only be inclusive,and is hereby acknowledged as being the kind and size of type used in the composition played twenty(20)days per year and publication of the Notice: through December 31,2016; iii)iv)Dinner Music shall not abcdefghijklmnopgrstuvwxyz exceed a decibel level of sixty-five (65) decibels as measured at a r distance of one hundred(100)feet from the event site, B , iv)Dinner Music is subject to Y City Code Section 605 relating to Laurie A.Hartmann Public Nuisances; v) A schedule of Dinner Music dates shall be provided to Subscribed and sworn before me on the City by May 15 eachyear.Any revisions to the schedule shall be provided to the City at least seven(7)days in advance of any newly scheduled or rescheduled this day of9 event;and vi)If Dinner Music violates any provision of this Section'` o ";t a' ' 1102.1800 or any other provision of `� � � �� �� 3 , the City Code in the City Council's' � ��k i,lr,VV. F'U&C-�i' NESOTA sole mayalmmediately prothe hibit all all No as Public /�8 future Dinner Music by written notice to the manager of the restaurant. Such prohibition may be lifted only by the City Council in the City Council's sole discretion. 3. City Code Section `103 RATE INFORMATION entitled"Definitions"and Section 104 entitled"General Penalty"are Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch hereby adopted in their entirety, Maximum rate allowed by law for the above matter.................................$31.20 per column inch by reference,as though repeated Rate actually charged for the above matter.............................................. $12.59 per column inch verbatim herein. This ordinance shall become effective' from and after'its passage and publication. Passed by the City Council of the City of Prior Lake this 25th day of July,2016. ATTEST: Frank Boyles,City Manager Kenneth L.Hedberg,Mayor. (Published in the Prior Lake American on Saturday, July 30,; 2016;No.7762)