6.1. SR 12-16-2002 - Laserfiche WebLink

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SECTION 706. PUBLIC DANCES Deleted as obsolete. SECTION 70& TOBACCO REGULATIONS 708.06. Fees. Revised to tie the fee to resolution. (New Code ~ 26-55) 708.28. Severability and.savings clause. Deleted as covered by the revised general provisions chapter. SECTION 710. MECHANICAL AMUSEikIENT DEVICES Revised to include video gmnes and pool tables. 710.02. License required; gambling devices not permitted. Deleted the citizenship provisions in subsection 2 as unconstitutional. See in re Griffiths, 413 U.S. 717, 93 S. Ct. 2851, 37 L. Ed. 2d 910 (1973) (citizenship as prerequisite to practice law unconstitutional); Examining Board of Engineers v. de Otero, 426 U.S. 572, 96 S. Ct. 2264, 49 L. Ed. 2d 65 (1976) (law denying civil engineer's license to alien unconstitutional); Bernal v. Fainter, 467 U.S. 216, 104 S. Ct. 2312, 81 L. Ed. 2d 175 (1984) (law denying notary public commission to alien unconstitutional); Takahashi v. Fish & Game Commission, 334 U.S. 410, 68 S. Ct. 1138, 92 L. Ed. 1478 (1948) (law denying commercial fishing license to persons ineligible for citizenshiff unconstitutional). 710.08. License fees and terms. Tied the fees to resolution. (lYew Code ag 38-85) SECTION 712. BILLIARD HALLS AND POOL HALLS 712.02. License required. Tied the fees to resolution. (New Code ag 38-134) 712.06. Refusal of license. Changed reasonable cause to lawful cause. (New Code ag 38-133) 712.10. Prohibited practices. (New Code 85 38-112) 1. Deleted subsection 1. as covered by Minn. Stats. ~ 609.755. 2. Revised subsection 2. so as to prohibit allowing violations of Minn. Stats. § 609.72. The existing language prohibition (profane, obscene or indecent language) is unconstitutionally overbroad. See Chaplin/cry v. Newlqampshire, 315 U.S. 568, 62 S. Ct. 766, 86 L. Ed. 1031 (1942). 3. Revised subsection 4. to apply to conduct that would make a person unfit to be employed in a pool room. SECTION 714. B 0 WLING ALLEYS Deleted as obsolete. SECTION 71& BINGO Delete das obsolete. It should be noted that Minn. Stats. § 349.213 authorizes local ordinance more stringent than Minn. Stats. ch. 349; however such regulations must apply equally to all forms of lawful gambling (including bingo), except that paddlewheels may be prohibited. See Minn. Stats. § 349.213. subd. 1 (c). This section at-tempts to regulate bingo but does not conforme to Minn. Stats. ch. 349. It is likely that it tracked the statute at one time. (For example the prize limit in § 718.04(5) of $100.00 is than and thus more stringent than the $200 limit in Minn. Stats. § 349.21 I, subd. I. (There are numerous other conflicts with statute.) As there are no analogous restrictions for other charitable gambling, the more stringent restrictions are invalid. SECTION 720. MINERAL EXCAVATION 720.06. Extraction license and conditional use permit. In subsection (3) altered so distance is 350 feet (not mile) and so that names are obtained t'rom the county auditor.