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Ordinance Number 7

(Also see amendment in Ord.#13)

AN ORDINANCE REGULATING COMMERCIAL SALES FROM WATERCRAFT ON WHITE BEAR LAKE; REQUIRING A LICENSE; ESTABLISHING LICENSING PROCEDURE AND REQUIREMENTS

THE WHITE BEAR LAKE CONSERVATION DISTRICT BOARD DOES ORDAIN:

PART I

Purpose and Intent

The Board of Directors of the White Bear Lake Conservation District are authorized to enact regulations relating to White Bear Lake, including: regulating the use of the lake at various times and the activities on the lake to secure the safety of the public and the most general public use. The operation of commercial sales activities from watercraft on White Bear Lake raises several public health and safety concerns, including: littering and pollution; interference with recreational use of the lake; safety hazards in bringing watercraft alongside the commercial craft. In order to ensure that commercial sales from watercraft are conducted in a manner which minimizes the potential for littering and pollution and which maximizes the safe operation of watercraft and the use of the lake for recreational purposes, the Board of Directors finds it necessary to regulate the conduct of commercial sales activities from watercraft on the lake.

PART II

Definitions

    Section 2.01, For the purposes of this ordinance, the terms defined in this section shall have the meanings ascribed to them:

    Subd. 1. "Person" includes an individual, partnership, corporation, or any body of persons, whether incorporated or not.

    Subd. 2. "Watercraft" means any vessel or structure used or designed for navigation on water.

    Subd. 3. "Lake" means White Bear Lake and all the parts, bays, and channels thereof.

    Subd. 4. "Board" means the Board of Directors of the White Bear Lake Conservation District.

    Subd. 5. "Commercial sales activity" means the sale of food, beverages, supplies or other merchandise which requires a license under Section 3.01 of this ordinance.

PART III

General Requirement

    Section 3.01. License Required.

    Subd 1. Requirement. It is unlawful for any person to sell food, beverages, supplies or other merchandise from any watercraft on the Lake without first obtaining a license from the Board.

    Subd. 2. Exception. This section does not apply to the sale of food or beverages on a watercraft to passengers who leave the shore and return on the watercraft on which the food and beverages are sold.

   Section 3.02. A separate license is required for each watercraft to be used in the conduct of any commercial sales activity on the lake.

PART IV

Licensing Procedure

    Section 4.01, Application.

    Subd. 1. Application Form. Applications for commercial sales licenses must be made to the Secretary of the District on forms provided by the District. The application shall include: (1) the name and address of the applicant, (2) the description of and watercraft license number assigned to each watercraft to be used by the applicant in the conduct of the commercial sales activity; (3) a description of the sales activity proposed to be conducted by the applicant; (4) the areas of the lake where the sales activity is proposed to be conducted; (5) the license fee, as established in Section 4.03 of this ordinance; (6) such other information as the Board may require in the application form.

Section 4.02. License Fee. The license fee for a commercial sales license shall be $100. No portion of the license fee is refundable after the license has been granted. If the license application is denied or withdrawn prior to being granted, the amount of $50 will be refunded to the applicant.

Section 4.03. Procedure for review and approval. The following steps shall be followed in reviewing all applications:

Subd. 1. Upon receipt of the application, the Secretary shall review it to determine whether the application is complete in all particulars; and if incomplete, the application shall be returned to the applicant as promptly as possible to enable the applicant to complete the application.

Subd. 2. When an application has been completed, the Secretary shall schedule the application for consideration by the Board or a committee of the Board and shall notify the applicant of the time and place at which the application will be considered.

Subd. 3. The Board may provide for the consideration of applications for licenses by a committee of no less than three members of the Board. The committee shall report its recommendations to the Board for final action. If the committee recommends that the license be denied, the committee must provide the reasons for its recommendation in writing to the Board. The committee may recommend that approval be conditioned upon compliance with conditions which the committee must provide in writing to the applicant and the Board. If any conditions are recommended, the applicant must indicate in writing to the board whether the applicant consents to the recommended conditions or does not consent.

Subd. 4. Review criteria. The application must be presented to the board for final action. The board may either grant or deny the license. In granting the license, the Board may impose the conditions recommended by the committee or other or further conditions as it determines necessary to the public health, safety, convenience, or general welfare. The board may consider, among other things, the following: (1) whether the proposed activity will cause an undue burden of traffic upon the lake; (2) whether the proposed activity will unduly interfere with recreational use of the lake.

Section 4.04. Issuance of license. After the Board has granted a license, the Secretary of the District shall issue a license to the licensee, except that no license may be issued until the licensee has provided proof of compliance with the insurance requirement in Section 5.02 of this ordinance.

PART V

License terms and Conditions

    Section 5.01, License term. Licenses shall be issued for the period of April 1 to October 1 in a stated year, subject to suspension or revocation by the Board. No person licensed under this section shall gain a vested right in said license. Licenses are not subject to renewal; a new license application must be made each year.

    Section 5.02 Conditions governing license.

    Subd 1. General Rule. All licenses issued are subject to the following conditions:

    Subd. 2. Insurance. Prior to issuance of the license, the licensee must provide to the Secretary of the District a certificate of insurance which evidences that the licensee has obtained public liability insurance which provides property damage and personal injury coverage for the activity to be conducted, in an amount of at least $600,000. The licensee must keep the required insurance in force at all times during the term of the license.

    Subd. 3. No alcohol. No alcoholic beverages may be stored or transported on the licensed watercraft while it is engaged in any commercial sales activity.

    Subd. 4. Food licenses. The licensee must comply with applicable regulations and obtain any licenses required by appropriate licensing authorities for the sale of food and beverages.

    Subd. 5. Equipment. The licensed watercraft must carry a pole net for the purpose of netting litter which falls into the lake in the course of making any sale.

    Subd. 6. Display of license. The licensee shall exhibit the license in a prominent place on each watercraft.

    Subd. 7. Inspection. By making application for a license, the licensee consents to the county sheriff making periodic inspections of the licensed watercraft for the purpose of ensuring that the licensee is in compliance with the conditions of the license. It is a violation of this ordinance for the licensee to refuse the request of the county sheriff or authorized deputy to board the licensed watercraft for the purpose of making an inspection.

    Subd. 8. Additional conditions. The licensee must comply at all times with any additional conditions imposed by the Board at the time of granting the license. A violation of any of such conditions is a violation of this ordinance.

    Section 5.03. Transfer of License. A license issued under this ordinance is issued to the named licensee for a particular watercraft. A license may not be transferred from person to person. A licensee may transfer the license from one watercraft to another watercraft by making application for such a transfer to the Secretary of the District on a form provided by the District. The Secretary of the District may approve the transfer by administrative action and without Board approval.

PART VI

Violations; Penalties

    Section 6.01. License suspension or revocation. The Board may suspend or revoke a license issued under this ordinance for violation by the licensee of this ordinance or any other ordinance of the District. The Board shall give the licensee at least 10 days written notice to the licensee of any contemplated suspension or revocation. The notice shall advise the licensee of the basis for the contemplated suspension or revocation and
the time, date and place of the hearing at which the Board will consider the suspension or revocation. The licensee must be given a reasonable opportunity to be heard on the proposed action and to respond to each alleged violation. The board may, in its discretion and in lieu of suspension or revocation, impose a civil penalty upon the licensee. A suspension, revocation or civil penalty imposed under this section is in addition to the penalties provided elsewhere in this ordinance.

    Section 6.02. Criminal penalty. A violation of any provision of this ordinance is a misdemeanor.

_______________________________
Chairperson, Mike George

Attest _______________________________
Secretary, Phil Bonin

Date:

The foregoing is a retype of the original Ordinance #7 on file in the District office. Retyped 10-13-99 only for the purpose of improving readability. To be reviewed by Lake Utilization Committee and Board '99-'00.

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