05-026-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 35-25(k) OF THE DULUTH CITY CODE, 1959, AS AMENDED; TO AUTHORIZE THE CONSUMPTION OF INTOXICATING LIQUOR AT THE ENGER PARK GOLF COURSE.

BY COUNCILOR REINERT:

The city of Duluth does ordain:

     Section 1. That Chapter 35-25(k) of the Duluth City Code, 1959, as amended, is amended to read as follows:

Sec. 35-25.   Restrictions as to use of golf course.

     No person on a golf course shall:

     (a)  Post or display any sign, banner or advertisement, write upon, cut, mutilate, deface or otherwise, disturb any building, bench, ornament, flowers, trees or other property upon such golf course. No person shall commit any depredation in or upon any golf course;

     (b)  Sell or beg upon such golf course without the authority of the city council;

     (c)  Permit or allow any dog or other domestic animal in or upon any golf course;

     (d)  Hunt for, take or carry away from any such golf course or from any place adjacent to such golf course any golf ball without the permission of the golf course supervisor of such golf course or other authorized recreation department employee, exception is hereby provided for the owner of a lost golf ball;

     (e)  Attempt to sell any golf ball or other golf supplies or accessories in, on or about any such golf course, or public property adjacent thereto except those persons duly licensed to do so by the department of public recreation under the authority of the city council;

     (f)  Remain or stand nearer than 100 feet to the fairway of any such golf course during the progress of any golf game upon such golf course. This Section shall not apply to persons actually taking part in any golf game, nor to official caddies acting under the authority of the golf course supervisor or other person in charge of the course, nor to persons attending any exhibition or other special event or tournament under authority of the golf course supervisor or the municipal golf division;

     (g)  Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any wild animal, reptile or bird on or adjacent to any golf course;

     (h)  Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any golf course in the city any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters. Nor shall any person bathe, swim or wade in such waters, other than to retrieve his golf ball;

     (i)  Ride, drive or operate any vehicle on the golf courses of the city, including the service roads on such golf courses, except to perform work ordered by the department of public recreation or in the course of use by individual players. Exception is hereby made when the manager of the municipal golf division designates areas for temporary or seasonal operation of vehicles;

     (j)  Park any vehicle in other than established or designated parking area. Such use shall be in accordance with the posted directions thereat and with the instructions of the golf course supervisor or other authorized recreation department employee. Failure to obey the regulations of this paragraph shall subject the violator or the owner of the vehicle wrongfully parked to the expense of removing such vehicle in addition to any other penalty provided in this Code;

     (k)  Except as provided in this Section, Uuse, consume or have in possession any intoxicating liquor on any golf course in the city. 3.2 percent malt liquor sold on the premises under the authority of the city council may be consumed on the golf course or in the club house. Intoxicating liquor sold on the premises of the Enger Park Golf Course under the authority of the city council may be consumed on the Enger Park Golf Course or in the Enger Park Club House;

     (l)  Enter upon or use the golf course or the buildings thereon during times other than the regular golf season as a place of recreation or other use, when ordered by the golf course supervisor or other authorized municipal golf division employee to desist therefrom;

     (m)  Expose or offer for sale any article or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any article or thing on such golf course. Exception is hereby made as to any regularly licensed concessionaire acting by and under authority of the city council to sell on such golf course;

     (n)  No person under the age of ten years shall enter upon the golf course during the golf season for any purpose, unless accompanied by an adult person, and then only by permission of the golf course supervisor of the golf course.

     (o)  Conduct or take part in any gambling games on any golf course.

     In addition to any other penalties provided in this Code, a person violating any of the provisions of this Section shall pay the cost of repairs or replacement resulting from such violation.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.


STATEMENT OF PURPOSE:  Laws of Minnesota, 2005, Chapter 131, Section 16, authorizes the city to issue an on sale intoxicating liquor license for the premises known and used as the Enger Park Golf Course. This amendment removes the restriction on consumption of intoxicating liquor at Enger Park Golf Course and is necessary to implement the recent legislation.

 

DISCLAIMER