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HomeMy WebLinkAbout2015-12-16 PACKET 04.D. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #� DATE 12/16/2015 , . PREPARED BY: City Clerk Joe Fischbach ORIGINATING DEPARTMENT DEPARTMENT HEAD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * � * � * * * * * * COUNCIL ACTION REQUEST: Consider passing an ordinance repealing Title 3, Chapter 1: Amusements of the Cottage Grove City Code in its entirety. STAFF RECOMMENDATION: Approve the request. SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from Neil Belscamper, 12/8/2015. ❑ RESOLUTION: � ORDINANCE: Draft. ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS: .'�,� , �� � / l� � � City Administrator Date * * * * * * * * * * * * * * * * � * * * * * * * * * * * * * * * � * * * * * * * * * * * * * � * Cottage Grove �here Pride and prOSPerity Meet To: Honorable Mayor and City Council Members From: Neil Belscamper, Deputy City Clerk Date: December 8, 2015 Subject: Amusement Licenses Background City Clerk Joe Fischbach, Deputy Public Safety Director Pete Koerner and I met earlier this fall to discuss the current regulations for Amusement Licensing. Our City Code requires businesses such as theaters, pool halls, bowling alleys, golf courses, skating rinks, and businesses with video games or juke boxes to obtain Amusement Licenses from the City. In 2015 we issued the following Amusement Licenses: American Motorsports (4 Video Games and 1 Jukebox)—$75.00 Cub Foods (1 Video Game)—$15.00 Mississippi Dunes (1 Golf Course)—$50.00 River Oaks (1 Golf Course)—$50.00 VFW Post 8752 (3 Video Games and 1 Jukebox)—$60.00 The original ordinance is about 45 years old and seems to be geared toward maintaining order and the conduct of persons in gathering places such as billiard halls, skating rinks and arcades, and while it may have been created out of need back in the 1970s, we feel that it isn't serving any public purpose now and we would like to eliminate it. I've attached the current city code for your review. Also attached is a draft ordinance to repeal this chapter of the City Code if you concur. Staff Recommendation Pass the draft ordinance repealing Title 3, Chapter 1: Amusements. ORDINANCE NO. XX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, REPEALING TITLE 3, CHAPTER 1: AMUSEMENTS OF THE COTTAGE GROVE CITY CODE IN ITS ENTIRETY The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by repealing Title 3, Chapter 1: Amusements in its entirety. SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 16th day of December 2015. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk Published in the South Washington County Bulletin on Chapter �I AMUSEMENTS 3-1-1: DEFINITIONS: For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: BILLIARD CENTER: A place of amusement or entertainment in which one or more persons are invited to play and participate in the game of billiards, including pocket table billiards or snooker table billiards, or wherein one or more pool tables or billiard tables are kept, used or operated for profit or in the course of a business enterprise. BOWLING ALLEY: A place of amusement or entertainment in which one or more persons are invited to play and participate in the game of bowling or wherein one or more bowling lanes are used or operated for profit or in the course of a business enterprise. GAME ROOM: A place of amusement or entertainment in which three (3) or more mechanical amusement devices are kept or maintained for the use of the public, operated for a profit or in the course of a business enterprise. GOLF COURSE: A place of amusement or entertainment in which one or more persons are invited to play and participate: a) in the game of golf; b) upon a driving range; or c) on one or more putting greens, and for which an admission price is charged. MECHANICAL AMUSEMENT DEVICE: Any musical device, pinball machine, novelty machine, skill machine, pool machine, bowling machine or similar machine which operates or may be operated for use as a game of skill, amusement or play and for which a charge is made, whether coin-operated, token-aperated, ticket-operated, time-operated, operated by control of an operator or operated as an enticement for the business enterprise. OPERATOR: Any person, firm or corporation who keeps or allows billiard or pool tables to be kept on premises owned by him or her or under his or her control where the same may be played by members of the public legally upon such premises upon payment of the charge therefor. OWNER: Any person, firm or corporation who owns and places billiard or pool tables by whatever arrangements on the operator's premises. PUBLIC SKATING RINK: Any room, place or space in which skating, either on roller skates or ice skates, is carried on and to which admission can be had by the public by payment, either directly or indirectly, of a fee, or by payment of a charge for any service auxiliary to skating, or by purchase, possession or presentation of a ticket or token; but the term "skating" shall not be held to apply to exhibitions or performances in which the persons paying for admission do not participate. THEATER: Any room, place or space for the showing of motion pictures, plays, musicals, concerts or other entertainments to which admission can be had by the public by payment, either directly or indirectly, of an admission price. (Ord. 593, 2-2-1994; amd. 2000 Code) 3-1-2: LICENSE AND COMPLIANCE REQUIRED: A. License Required: No person shall engage in the following acts in the city without having first obtained an amusement license: 1. Operate a theater. 2. Operate a billiard center. 3. Operate a bowling alley or golf course. 4. Own, operate, maintain, sell or keep for operation a mechanical amusement device. 5. Conduct or operate a public skating rink. 6. Operate a miniature golf course. (Ord. 593, 2-2-1994) B. Compliance With Provisions: The licensee, agent or employee shall comply with the provisions of this code. (1971 Code § 3A-5) 3-1-3: APPLICATION FOR LICENSE; INVESTIGATION: A. All applications for an amusement license shall conform to the following requirements: 1. Be made in writing to the city clerk, verified by the applicant and accompanied by the license fee required. 2. State the name, age and address of the applicant and, if the applicant is a corporation, the name of its officers and directors. 3. State the location of the place where the amusement device or facility is to be located and operated_ 4. State the number of amusement devices, alleys, tables, greens, screens, etc., as may be applicable to the particular business to be conducted. 5. Include a detailed scale layout of the operation, showing the location of the greens, tables, alleys, screens, lighting, fences, buildings, structures and other equipment. 6. State the name(s) of the manager(s) hired to supervise the particular operation. 7. Include such other and further information as may be required by the city clerk. (Ord. 593, 2-2-1994; amd. 2000 Code) B. The application for a license or renewal of a license shall be made upon forms furnished by the city clerk and shall include the date and place of conviction of any person named therein for any crime other than minor traffic violations committed during the period of ten (10) years prior to the date of application, including a statement of the crime of which such person was convicted. (Ord. 593, 2-2-1994) C_ The police division shall investigate any and all applications for a license and shall submit a report to the city. (Ord. 593, 2-2-1994; amd. 2000 Code) 3-1-4: FEES: A. Fees Established: 1. License Fee: The annual fee for an amusement license shall be in such amount as provided by ordinance of the city council from time to time. B. Exemptions; Waivers: 1. Jukeboxes and devices designed solely for the use and enjoyment of small children shall be charged an annual fee in such amount as provided by ordinance of the city council from time to time. (Ord. 783, 2-15-2006) 2. The fees provided for in this section may be waived upon application to the council in the case of limited perFormances or engagements by a nonprofit organization. C. Fees Not Transferable Or Prorated: The fees provided for herein are not transferable, nor may they be prorated; except, that the fees for theaters, billiard tables and amusement devices shall be paid for the number of screens, tables or machines available for use, and the licenses are valid for different tables or machines as may be replaced or changed from time to time during the year; provided, that the license fee is paid for the maximum number of machines or tables used on the applicant's premises at any one time. (1971 Code § 3A-9; amd. 2000 Code) 3-1-5: LIABILITY INSURANCE: Each licensee shall keep in force liability insurance of a minimum of seven hundred fifty thousand dollars ($750,000.00) combined single limit liability coverage for injury to or death of any one person or persons or damages/destruction of property in any one accident by a corporation or corporations authorized to write insurance in the state during the license year. It shall appear on such policy that the city shall be notified, in writing, at least thirty (30) days prior to the cancellation of such policy of insurance. (1971 Code § 3A-3; amd. 2000 Code) 3-1-6: TERM OF LICENSE; NONTRANSFERABILITY: Each license shall expire on December 31 next after its issuance and shall not be transferable from one person to another. (Ord. 593, 2-2-1994) 3-1-7: LICENSE AND CAPACITY TO BE POSTED: Every entertainment license shall be conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon request. All amusement facilities shall post the capacity limitation for their premises in a conspicuous place. (Ord. 593, 2-2- 1994; amd. 2000 Code) 3-1-8: RESTROOMS: Separate restroom facilities for each sex shall be supplied at any premises licensed under this chapter. Each restroom shall be used by one person at a time, using self-locking doors. (Access to the restrooms shall be electronically controlled by the owner/operator and maintained in good condition.) (Ord. 593, 2-2-1994; amd. 2000 Code) 3-1-9: PERSONS ON DUTY: There shall be on duty at all times that the operation of a billiard center, bowling alley, golf course, mechanical or electronic amusement devices, public skating rink, theater or game room is open to the public an adult operator or manager who understands the operation of all equipment used on the premises. It shall be the duty of the licensee and his/her manager (s) to remain on the premises at all times and enforce the provisions of subsection 3-1-10A of this chapter. (1971 Code � 3A-2; amd_ 2000 Code) 3-1-10: CONDUCT OF BUSINESS: A. Code Of Conduct: 1. The licensee, under this chapter, shall follow and enforce the following code of conduct for the licensed premises: a. Truants from school shall not be permitted to enter or remain on the premises. b. No person violating any curfew law or ordinance shall be permitted to enter or remain on the licensed premises. c. No person soliciting to vice or any other unlawful purpose shall be permitted to enter or remain on the licensed premises. d. No person selling, transferring, giving, using or in possession of any controlled substance as defined by Minnesota statutes chapter 152 shall be permitted to enter or remain on the premises or remain in the area directly adjacent to the premises. e. No person shall be permitted to harass, threaten or annoy any persons_ f. No person shall loiter inside or outside a billiard center. Persons not engaging in billiard or pool play or waiting their turn to play shall be prohibited from the billiard center except in cases of an owner-sanctioned tournament or contest. Persons shall be prohibited from loitering on the property outside the billiard center, including the parking lot. There shall be no public telephone located inside or outside the billiard center. 2. The licensee under this Chapter shall post in plain view a copy of the above rules of conduct as well as a copy of the house rules and hours of operation in a minimum of one inch (1") letters. B. Maintenance Of Order: 1. It shall be the responsibility of the licensee under this Chapter to maintain order on the licensed premises at all times. (Ord. 593, 2-2-1994) 2. The Director of Public Safety may require that an off-duty police officer be present when deemed necessary. Scheduling and employment of said officer shall be consistent with the City's procedures through the Police Division. (Ord. 593, 2-2-1994; amd. 2000 Code) 3-'I-11: PROHIBITED ACTS AND CONDITIONS: A. Alcoholic Beverages On Licensed Premises: No person shall, in any licensed premises or in any anteroom, corridor, cloakroom, hallway or dressing room thereof or in any room connecting therewith, drink any alcoholic beverages; nor shall any licensee hereunder suffer or permit any person to drink any alcoholic beverages in or on any licensed premises over which such licensee has control, except when a valid on-sale license has been issued to such premises. (1971 Code § 3A-4) B. Gambling ln Billiard Centers: 1. It shall be unlawful for the owner or operator of any licensed billiard center to permit the same to be used for gambling or for the making of bets or wagers. 2. It shall be unlawful for the licensee or the owner or operator of a billiard center to give any money, token, merchandise or any other thing of value or any reward or prize in lieu of free games. 3. No person shall keep, maintain, sell or permit to be operated in his or her billiard center any billiard, pool table or other equipment which has been converted into an automatic pay-off device which shall discharge coins, checks or other tokens to the operator or player of such table or equipment. No person shall convert any billiard, pool table or other equipment into an automatic pay-off device. 4. Any billiard or pool table which has been utilized in violation of this subsection may be seized and destroyed in compliance with the provisions of the State statutes relating to the gambling devices. (Ord. 593, 2-2-1994) 3-1-12: REQUIREMENTS FOR SPECIFIC AMUSEMENT ESTABLISHMENTS: A. Skating Rinks, Billiard Centers, Bowling Alleys And Amusement Centers: 1. Lighting: Every skating rink, billiard center, bowling alley and place having mechanical amusement devices shall be illuminated while in public use, and operation thereof while the lights are extinguished or turned so low as to not give proper vision is hereby prohibited. 2. Open View: The operations of a skating rink, billiard center, bowling alley and premises having mechanical amusement devices shall at all times be conducted in open view of the public. Such amusements shall not be enclosed from the public in private rooms. 3. Hours Of Operation For Billiard Centers; Minors: a. A billiard center shall be closed by one o'clock (1:00) A.M. each night and may not be open until nine o'clock (9:00) A.M. on weekdays or until twelve o'clock (12:00) noon on Sundays. b. No one under the age of sixteen (16) shall be permitted on the premises of a billiard center after ten o'clock (10:00) P.M. except when accompanied by a parent or legal guardian; no one under the age of eighteen (18) shall be permitted on the premises of a billiard center after twelve o'clock (12:00) midnight except when accompanied by a parent or legal guardian. (Ord. 593, 2-2-1994) B. Theaters: 1. It shall be unlawful for any person to show or exhibit in a public place or in a place to which the public is admitted any motion picture, whether an admission is charged or not, without exhibiting a classification notice therefor as provided in this subsection. The classification notice required in this subsection shall designate the rating applied to the motion picture to be exhibited. Such classification notice shall contain one of the ratings used by the Motion Picture Association of America, Inc. 2. lt shall be unlawful for any person to show or exhibit or cause to be shown or exhibited to any person under the age of seventeen (17) any picture designated R unless accompanied by a parent or adult guardian. It shall be unlawful for any person to show or exhibit or cause to be shown or exhibited to any person under the age of seventeen (17) any picture designated X. 3. Any person who admits a person not qualified to view a motion picture under the provisions of this subsection to a perFormance of a picture designated R or X shall be presumed to have violated the provisions of this subsection. Such prima facie case of violation may be rebutted by a showing that the motion picture in question has been improperly classified. 4. The rating provided by this subsection shall be that imposed upon such motion picture by the Motion Picture Association of America, Inc., if the motion picture has been classified by that organization. In the event no classification has been imposed by such motion picture organization, the person or organization showing or exhibiting such motion picture shall be responsible for designating the classification in accordance with standards prescribed by the Motion Picture Association of America, Inc., and shall restrict admission to persons under the age of seventeen (17) in accordance with the standards set forth in the ratings as provided in this subsection. 5. The notice of classification provided for in this subsection shall be posted at or near the entrance of the theater, hall, room or place where any motion picture is being exhibited, at such a place and in such a position that it may easily be read by any person entering such theater, hall, room or place, at any time when any such motion picture is being exhibited. Film ratings shall be included in all advertising. 6. When motion pictures having a different rating are being shown together as double or triple features, they shall all be assigned the rating of the picture carrying the most restrictive rating. 7. No licensee shall display on the exterior of an indoor theater or show or exhibit at any drive-in theater in such a manner that passersby view or are likely to view any picture, photograph, drawing or similar visual representation or image of a person or portion of the human body which depicts sexual conduct, sexual excitement or sadomasochistic abuse as defined in Minnesota Statutes section 617.292. (1971 Code § 3A-7; amd. 2000 Code) 3-'I-13: ADDITIONAL REQUIREMENTS: The City may impose other reasonable restrictions or conditions as it deems necessary to provide for public health, safety, and welfare. (Ord. 593, 2-2-1994) 3-'1-14: REVOCATION OR SUSPENSION OF LICENSE: All licenses granted hereunder shall be revocable for cause at any time. Said licenses may be suspended for such period as the Council may prescribe or may be revoked by the Council, and such revocation or suspension shall be made on reasonable hearing prescribed by the Council. "Cause" shall include any violations of this Chapter. If there shall be two (2) convictions for violations of this Chapter, whether such violations are the same or different provisions of this Chapter, the second such conviction shall be cause for revocation of the license after hearing prescribed by the Council. No refund fee shall be paid on revocation. (1971 Code § 3A-13; amd. 2000 Code)