Mound City Code 437.00

Section 437 – CHARTER BOAT USE OF MUNICIPAL DOCKS

Subd. 1. Definitions. The following words and terms when used in this section shall have the following meanings:

Subd. 2. Permit and Application Required. No Charter Boat shall be parked, moored, stored, placed, kept or tied up to the Greenway dock without first having secured a Charter Boat License from the City of Mound.

Any person desiring to secure such a permit shall make application on a form supplied by the City. Each application shall state, among other things, his or her name, address, type, size and horsepower of the boat(s) for which the application is made, boat license number(s), maximum number of passengers including crew, and other information as requested in the application form. Each such application shall be accompanied by the annual fee and evidence of insurance.

On an initial application for a Charter Boat License, the applicant shall pay with his or her application, a non-refundable investigation fee, and the city shall conduct a preliminary background and financial investigation of the applicant. The application in such case shall be made on a form prescribed by the State Bureau of Criminal Apprehension and contain such additional information as the City may require. If the City deems it in the public interest to have an investigation made on a particular application for renewal of a Charter Boat License, it shall so determine. If the City determines that a comprehensive background and investigation of the applicant is necessary, it may conduct the investigation itself or contract with the Bureau of Criminal Investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the City that issuance would not be in the public interest.

Subd. 3 Insurance. Each application shall be accompanied by an annual fee and by evidence of liability insurance coverage with a minimum limit of $1,000,000 per occurrence. The policy shall provide that no payment of any claim by the insurance company will in any manner decrease the coverage provided for any other claim(s) brought against the insured or the insuring company. The policy shall provide that no cancellation for any cause shall be made by either the insured or the insuring company without 30 days prior written notice to the City. The policies shall be issued in the name of all partners if the licensee is a partnership and in the name of the corporation of other organization if the licensee is a corporation or other organization. The policy shall name the City as an additional insured, shall be filed with the City Manager, shall be subject to approval of the City Manager as to form and content and shall be issued by companies duly licensed to do business in the State of Minnesota.

Subd. 4. Fee. The fee for the Charter Boat License shall be as established by the City Council as referenced in City Code Chapter 500. The permit fee(s) shall be paid by the applicant to the City at the time the application is submitted.

Subd. 5. Non-Transferability. Permits issued under this ordinance shall be non-transferable.

Subd. 6. Responsibility of Charter Boat Owner. Every Charter Boat owner is responsible for the conduct of its pilots while docking, departing, or doing business at any municipal dock. Any violation of this Ordinance by a Pilot shall also be considered as an act of the Charter Boat owner for the purpose of imposing a penalty under this Ordinance.

Subd. 7. Garbage/Refuse Disposal. Collection and disposal of garbage/refuse is the responsibility of the Charter Boat owner. Garbage/refuse shall not be placed in the public garbage receptacles near the dock, but shall be removed from the premises by Charter Boat owner or designee.

Subd. 8. Alcohol Prohibited. No owner, employee or agent of a licensed Charter Boat which has been issued an "on-sale liquor" or "on-sale wine" license by the Lake Minnetonka Conservation District shall sell, serve, or allow to be consumed any alcoholic beverage while that boat is at the Mound Greenway municipal dock.

Subd. 9. License Required. No Charter Boat can utilize the Greenway municipal docks until all appropriate permits have been procured and copies of all licensed have been provided to the City of Mound. This list includes, but is not limited to, the LMCD charter boat license, LMCD liquor license, and Department of Health food permits. It shall be a violation of this Ordinance to begin Charter Boat operations without first having procured any and/or all involved agency permits.

Subd.10. Issuance of Permit. Charter Boat docking permits shall be issued by the City Manager upon submission of a complete and accurate application, submittal of the required insurance information, and copies of any and/or all involved agency permits, including but not limited to, the LMCD Charter Boat permit, the LMCD liquor license, etc. and payment of the permit Charter Boat license fee by the applicant. The granting of a permit under this Section does not assure the holder of a location on the Greenway Municipal Dock, nor give the holder any priority in usage of the slips on the dock.

Subd. 11. Prohibited Acts. It shall be a violation of this Ordinance for the owner and/or person operating any boat to do any of the following:

Subd. 12. Use and Display of Permit. Holder of valid Charter Boat permits shall be authorized to dock at a specified Greenway municipal dock for a period of not more than 30 minutes at any one time. Permits shall be displayed on Charter Boats in a prominent location.

Subd. 13. Restriction of Hours.. All boating, pedestrian or vehicular traffic at the Greenway municipal dock and adjacent public land and docks is prohibited between the hours of 10:30 PM and 5 AM of the following day. No overnight mooring is allowed.

Subd. 14. Permit Expiration Date. Permits issued under this Ordinance shall expire on December 31 of each year.

Subd. 15. Revocation. Permits may be revoked by the City Council. Grounds for such revocation shall include, but shall not be limited to, any alcohol-related offenses committed by the permit holder or any of his/her agents or employees while operating a charter boat or any other watercraft. (ORD. 12-2006, 7/9/06)

(ORD. 12-2008, 12/7/08)