Chapter 303 Amusement Devices; Areas and Game
303.01: Amusement Devices; Areas and Gamerooms Defined
303.02: License and Conditional Use Permit Required
303.03: Application for License Requirements
303.04: Location Restrictions
303.05: Hours of Operation
303.06: Gambling Devices
303.07: Cigarette Sales Prohibited
303.08: Conditional Use Permit Requirements
303.01: AMUSEMENT DEVICES; AREAS AND GAMEROOMS DEFINED:
For the purposes of this Code, the term "Amusement Devices, Areas and/or Gamerooms" shall mean any for-profit enterprise or business which provides areas within a building, room or outdoor space with capacity for eight or more customers at one time, wherein customers play games, watch game playing, wait to play or que to enter or are being entertained. Examples of such business uses are: video, laser, pool or other table game areas; arcades, carnivals and circuses. This definition excludes physical exercise or health centers, theaters, private lodges or clubs, restaurants and bars and all tax-exempt operations. (Ord. 1144, 6-13-1994)
303.02: LICENSE AND CONDITIONAL USE PERMIT REQUIRED:
A. No person shall establish, maintain or operate an amusement device area or gameroom as herein defined within the City without first having obtained an annual license and a conditional use permit to do so. Any proposal for such business or enterprise as defined in Section 303.01 shall apply for a City annual business license as set forth in Sections 301.01 through 301.09 and a conditional use permit as set forth in Section 1013.01. The application and annual fee for the business license and the fee for the conditional use permit shall be as established in Section 314.05.
(Ord. 1275, 11-18-2002) (Ord. 1379A, 11-17-2008)
B. Each conditional use permit approved for amusement device areas or gamerooms shall be contingent upon issuance of an annual business license. At such time as the business license lapses or is denied, the conditional use permit shall also be considered null and void.
C. Each license shall be issued for a period of one year; however, if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee to be determined by the City with any fraction of a month counted as one month. No refund of any fees shall be made. Every license shall expire the last day of June.
D. Amusement devices, areas, and gameroom businesses and enterprises approved and in existence on the effective date of this Chapter shall comply by submitting an initial license application prior to June 30, 1995, for 1995-1996. Such businesses shall be deemed as pre-existing conditional uses, subject to the standards and criteria of this Code, except Section 303.04.
E. Licenses are not transferable. Change in ownership of the site or the business on the site shall cause the license to expire. The new owner may apply for a new license and City Council approval. (Ord. 1144, 6-13-1994)
303.03: APPLICATION FOR LICENSE REQUIREMENTS:
License application requirements shall include the following:
A. The applicant's birth date, correct name, social security number, driver's license number, post office address and residence, length of time the applicant has resided within the State of Minnesota and applicant's places of residence for the ten years preceding application.
B. Applicant's signed approval for Police Department to complete a criminal and personal background investigation.
C. Five letters of references.
D. If a Minnesota corporation, the name, address and phone number of the principal in charge of the premises. If a partnership, each active partner shall supply the same information as the applicant. (Ord. 1144, 6-13-1994)
303.04: LOCATION RESTRICTIONS:
After the effective date of this Chapter, the operation of any new amusement devices, areas or gameroom business or enterprise with a capacity for more than eight customers at one time shall be setback a minimum distance of one thousand five hundred (1,500) feet from any residentially zoned area, any elementary or secondary school or any church. (Ord. 1144, 6-13-1994)
303.05: HOURS OF OPERATION:
No licensee shall operate between the hours of 11:00 P.M. and 7:00 A.M. Licensees located within shopping centers or malls shall have the same hours of operation as the center or mall. (Ord. 1144, 6-13-1994)
303.06: GAMBLING DEVICES:
No gaming or gambling, as defined in Chapter 304 of this Title shall be permitted within the commercial public assembly business or enterprise location. (Ord. 1144, 6-13-1994)
303.07: CIGARETTE SALES PROHIBITED:
It shall be unlawful to permit the sale of cigarettes on the premises. (Ord. 1144, 6-13-1994)
303.08: CONDITIONAL USE PERMIT REQUIREMENTS:
In addition to the requirements listed in Section 1013.01, a conditional use permit shall include, but not be limited to, the following reports, standards and plans which are to be submitted as part of the annual license application or as otherwise stated:
A. Insurance Coverage: The City may require proof of liability insurance coverage in amounts not less than $1,000,000.00 each.
B. Security: The City may require the applicant to provide on-site security agents at indoor and outdoor locations during peak periods which are identified in the pedestrian, maintenance and traffic management plans.
C. Lighting Plan: An exterior lighting plan shall provide for installation and maintenance of lighting standards in parking and entry areas. The standards shall include light intensity as follows:
1. 20 foot-candles within 75 feet of entry or exit.
2. Five foot-candles throughout the parking lot.
D. Traffic Management: A traffic management plan shall provide for parking and circulation. The plan shall illustrate:
1. Number of spaces estimated to be in use during afternoon and evening business hours or performances. The total number of spaces available on the site shall accommodate two complete shifts of customers when the facility is used at capacity.
2. The traffic circulation plan within the car and bus parking areas and any traffic direction signage.
3. Entrance and exit capacity on driveways.
E. Pedestrian Plan: An exterior (out of the parking areas) and indoor pedestrian queuing plan shall be provided with staggered entry times to gaming areas and a managed one-way entry, multi-way building exit system for customers.
F. Emergency Evacuation Plan: An evacuation plan shall include a weekly attendance total, reported on a monthly basis (to City Fire Marshal) to determine capacity and routing for evacuation. The evacuation plan shall describe the exit locations, designated fire lanes, routing, crowd management techniques and staff training necessary for evacuation.
G. Maintenance Building Report: An annual maintenance and building report shall include records of all maintenance and building improvements during the previous year. This report shall include records of improvements to bathrooms, seats, carpet, windows, doors, heating and air handling equipment, water and sewer services, exterior landscaping, parking and lighting. The trash collection systems for inside the building and in parking areas shall be illustrated and methods for screening exterior trash collection areas must be provided.
H. Signs: Exterior and interior marquee or wall signs shall illustrate entry areas and hours of operation or starting times for events.
I. On-Site Manager: An on-site manager shall be on the site at all times when the business is open to the public. The on-site manager shall have his/her name and business phone number prominently displayed in the front entry or lobby at all times.
J. Employee Training Program: All employee training programs shall include a 12 month roster of employees and a description of the employee training program. The employee training program shall include health, sanitation, safety, crowd management, maintenance and evacuation training. Employees shall be in recognizable uniform, shirt or jacket.
K. Food/Sanitarian Inspection Report: A copy of the most recent Ramsey County Department of Health Food/Sanitarian inspection report shall be submitted with license application. It shall include all actions taken to comply with the inspection reports.
L. License Fees: License fees, as established by the City Fee Schedule in Section 314.05, shall cover all annual City administration and life/safety expenses and inspections. (Ord. 1379A, 11-17-2008)
M. Noise: Noise levels from machinery or customers shall be identified in a noise plan. Such noise shall not cause a disturbance to adjacent and surrounding uses which would cause the normal operation of said uses to be damaged or unreasonably disturbed. (Ord. 1144, 6-13-1994)