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HomeMy WebLinkAbout8.a. Second Reading of the Arcade Parlor, Billard Hall, and Dance Club Business License OrdinanceAGENDA ITEM: Second Reading of the Arcade Parlor, Billiard Hall, and Dance Club Business License Ordinance AGENDA SECTION: Old Business PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. Gi_ ATTACHMENTS: Ordinance, Resolutions, Redlined APPROVED BY: Ordinance showing changes since July 21, July 21 City Council Business License Executive Summary, July 7 City Council Work Session Business License Executive Summary, Excerpt from the July 21 draft City Council Meeting Minutes, Excerpt from the July 7 City Council Work Session Minutes, Skylar Rekstad E -mail dated July 7, Memorandum from Police Chief Kalstabakken, Solaris Nightclub and Lounge Narratives, Excerpt from the Lighting Levels at Concordia University, Lighting Levels of Recent Developments and Neighboring Communities. ON RECOMMENDED ACTION: Hold the second reading of the Ordinance. and Motion to adopt the Business License Ordinance regarding Arcade Parlors, Billiard Halls, and Dance Clubs. -and Motion to Adopt a Resolution authorizing the publication of the Ordinance amending Title 3 of the Rosemount City code concerning Arcade Parlors, Billiard Halls, and Dance Clubs. and Motion to Adopt a Resolution Amending Resolution 2008 -108 A Resolution Approving Amendments Setting the 2009 Schedule of Rates and Fees. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: August 3, 2009 EXECUTIVE SUMMARY BACKGROUND The City has received an application for a dance club in the former Big Daddy's and Irish Loon spaces. The dance club would be alcohol free and be exclusive to 16 to 20 year olds. This use would require a Conditional Use Permit (CUP) in the C2 Downtown Commercial zoning district. Upon reviewing the application, staff has determined a number of issues that should be regulated but that many of these issues are not land use related and should not be regulated in a CUP. Staff has prepared a Business License Ordinance that would regulate the issues that arise from the operation of a dance clubs (as well as arcade parlors and billiard parlors) that are not addressed within a land use permit like a CUP. DISCUSSION The City Council conducted the First Reading of the Business License Ordinance for Arcade Parlors, Billiard Halls, and Dance Clubs. At the First Reading, the City Council was generally favorable of the proposed Ordinance but several revisions were identified in the text of the Ordinance. The requested revisions include clarifying the license amendment process, adding language to require employee background checks through the Bureau of Criminal Apprehension, and to determine a proper indoor light level. In addition, staff has added language to clarify that individuals not of good moral character are ineligible of license. The City Attorney also recommended several `wordsmithing' changes that have been incorporated into the new draft ordinance before the Council tonight. The more substantive changes are described in more detail below. Background Checks for Workers At the request of the City Council, staff has added Section 3- 1- 9A.18. to the Ordinance that requires licensees to conduct background checks on their employees in accordance with the Minnesota Child Protection Background Check Act. The Act requires that employers check their employee's backgrounds through the Bureau of Criminal Apprehension (BCA), but does not require that those backgrounds be submitted to the local community. The licensee will need to pay the fee for the background check to the BCA directly as a part of their hiring process. Interior Lighting Levels On the night of Tuesday, July 28, staff went to Celt's Pub, Carbone's, Shenanigan's, and Rudy's Redeye Grill and measured the lighting levels at their establishments. Staff measured the light levels at the bar and in the restaurant. The table below shows the light levels found at each establishment. Lisrhtin Levels in Foot candles As discussed at the Work Session and the First Reading of the Ordinance, staff desires to find a lighting standard that allows the security staff at dance club or similar establishment to conduct their duties while having a light level that is low enough to allow the club to perform light shows or similar activities. At the four establishments measured, staff could see and recognize the faces 2 Bar Restaurant Celt's Pub 3.2 fc 1.5 fc Carbone's 10 fc 1.8 fc Shenanigan's 0.5 fc 0.8 fc Rudy's Redeye Grill 2.0 fc 1.3 fc BACKGROUND The City has received an application for a dance club in the former Big Daddy's and Irish Loon spaces. The dance club would be alcohol free and be exclusive to 16 to 20 year olds. This use would require a Conditional Use Permit (CUP) in the C2 Downtown Commercial zoning district. Upon reviewing the application, staff has determined a number of issues that should be regulated but that many of these issues are not land use related and should not be regulated in a CUP. Staff has prepared a Business License Ordinance that would regulate the issues that arise from the operation of a dance clubs (as well as arcade parlors and billiard parlors) that are not addressed within a land use permit like a CUP. DISCUSSION The City Council conducted the First Reading of the Business License Ordinance for Arcade Parlors, Billiard Halls, and Dance Clubs. At the First Reading, the City Council was generally favorable of the proposed Ordinance but several revisions were identified in the text of the Ordinance. The requested revisions include clarifying the license amendment process, adding language to require employee background checks through the Bureau of Criminal Apprehension, and to determine a proper indoor light level. In addition, staff has added language to clarify that individuals not of good moral character are ineligible of license. The City Attorney also recommended several `wordsmithing' changes that have been incorporated into the new draft ordinance before the Council tonight. The more substantive changes are described in more detail below. Background Checks for Workers At the request of the City Council, staff has added Section 3- 1- 9A.18. to the Ordinance that requires licensees to conduct background checks on their employees in accordance with the Minnesota Child Protection Background Check Act. The Act requires that employers check their employee's backgrounds through the Bureau of Criminal Apprehension (BCA), but does not require that those backgrounds be submitted to the local community. The licensee will need to pay the fee for the background check to the BCA directly as a part of their hiring process. Interior Lighting Levels On the night of Tuesday, July 28, staff went to Celt's Pub, Carbone's, Shenanigan's, and Rudy's Redeye Grill and measured the lighting levels at their establishments. Staff measured the light levels at the bar and in the restaurant. The table below shows the light levels found at each establishment. Lisrhtin Levels in Foot candles As discussed at the Work Session and the First Reading of the Ordinance, staff desires to find a lighting standard that allows the security staff at dance club or similar establishment to conduct their duties while having a light level that is low enough to allow the club to perform light shows or similar activities. At the four establishments measured, staff could see and recognize the faces 2 of the customers at Celt's, Carbone's, and Rudy's, but it was difficult to recognize the faces of customers at the other end of the bar at Shenanigan's. After examining these results, staff has revised the Ordinance to require a minimum of 1 foot candle of light within a dance club or similar establishment. Additionally, the language of the Ordinance was modified to clearly state that this standard applies only to the interior of club that is available for public uses and does not apply outside the building or non -public interior rooms such as storage rooms. Amendment Procedures Staff has added Section 3- 2D -4 -3 to the Ordinance to clarify the license amendment process for applicant requested change during the calendar year term of the license. A license amendment would be required for one of three reasons: a change in ownership or management; a request to modify a license condition; or the appeal of an administrative decision regarding special events. Any other proposed change to a license, such as the change in the location of the establishment, would require new application for issuance of an entirely new license. Staff has proposed the fee to be charged for a license amendment would be $175 except that an amendment for a change in principal ownership or management would require the payment of the $500 initial investigation fee as well. Persons Ineligible for License Staff has added Section 3 -2D -7E to the Ordinance to clearly state that the City Council may deny the application of a person that does not have good moral character or fortitude. The reason for this addition is that an owner or manager of an establishment is required to submit for a background check including criminal record. The Ordinance provided on July 21 did not have a section that clearly stated that a person with a criminal background that would be ill- suited for the ownership or management of an establishment catering to teens or children could be prohibited from being issued a license to operate such an establishment. The added section regarding persons not of good moral character or repute would allow the City Council discretion to prohibit the issuance of a license to an individual that has a history, criminal or otherwise, which would make them unsuitable to own or manage an arcade parlor, billiard hall, or dance club. Fee Schedule City Staff is recommending that the fee for a business license is set at the same fee as a business that has a 3.2% malt beverage liquor license, which is $800. Staff anticipates that the staff resources to process and monitor this license would be similar to that of restaurant that would have a 3.2% license. Additionally, staff has proposed that the amendment fee for a license would be the same as that for a liquor license, $175. Staff proposes to add one additional fee for the initial investigation. The initial investigation and background check of owners and managers is intense and time consuming, while the subsequent investigations during the annual reviews are substantially less work. Staff proposes an additional initial investigation fee of $500 while there would not be any additional fee for renewal and all staff cost would be included within the overall license fee. 3 Since July 21, it has been discovered that there is a State Statute that regulates the maximum amount that local governments can charge for an arcade parlor is $15 per location plus $15 per machine. Staff has added these fees to the annual license for arcade parlors and an amendment to an arcade parlor license. Annual Billiard Hall or Dance Club License $800 Annual Arcade Parlor License $15 per location plus $15 per machine' Amendment to the Billiard Hall or Dance Club License $175 Amendment to the Arcade Parlor License The lesser of $15 per location plus $15 per Initial Application Investigation Fee Renewal Application Investigation Fee This fee is restricted by Minnesota Statute 449.15 2 Included within the annual Application License Fee machine or $175 $500 None' RECOMMENDATION Staff recommends that the City Council conduct the second reading of the Ordinance, adopt the Ordinance, adopt a Resolution allowing the abbreviated publication of the Ordinance, and adopt a Resolution amending the 2009 Fee Schedule. 4 City of Rosemount Ordinance No. XXI.19 AN ORDINANCE AMENDING TITLE 3 OF THE ROSEMOUNT CITY CODE CONCERNING ARCADE PARLORS, BILLARD HALLS, AND DANCE CLUBS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS: Section 1. Title 3 of the Rosemount City Code is amended by adding Chapter 2D to read: ARTICLE D: ARCADE PARLORS, BILLIARD HALLS, AND DANCE CLUBS 3 -2D -1: Purpose 3 -2D -2: Definitions 3 -2D -3: License Required 3 -2D -4: License Application 3 -2D -5: License Fees 3 -2D -6: Granting of Licenses 3 -2D -7: Persons Ineligible for License 3 -2D -8: Places Ineligible for License 3 -2D -9: Conditions of License 3- 2D -10: Special Conditions 3- 2D -11: Liability Insurance 3- 2D -12: Revocation or Suspension of License 3 -2D -1: PURPOSE: The purpose of this article is to protect the public health, safety and welfare. The city council deems it necessary to provide for the regulation and licensing of persons who own and manage arcade parlors, billiard halls, or dance clubs. 3 -2D -2: DEFINITIONS: As used in this article, the terms defined in this section shall have the following meanings ascribed to them: ARCADE PARLOR: Commercial premises that are open to the public and that have as their principal use the provision of electric or electronic machines (e.g., pinball, video games) that provide amusement, enjoyment, or entertainment and that may be operated upon the insertion of a coin or token. This term shall not include juke boxes, children's mechanical rides (e.g., horses, rocket ships), or machines that sell merchandise. BILLIARD HALL: Commercial premises that are open to the public and have five (5) or more pool tables or billiard tables, or combination thereof, regardless of size, and whether activated manually or by the insertion of a coin, token, or other mechanical device. DANCE CLUB: Commercial premises that are open to the public and a primary function of which is to offer patrons an opportunity to engage in social activities such as dancing, or the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or other performers. As an incidental function, a dance club may sell and serve food and beverages (excluding alcoholic beverages) or provide other forms of entertainment such as billiard tables, dart boards, or arcade games to its patrons. The terms "arcade parlor "billiard hall", or "dance club" do not include the following: Any premises that serve alcoholic beverages as defined by State and local laws; theaters where the patrons sit in parallel rows of fixed seats; full service restaurants where the only entertainment consists of background music that is incidental to the primary function of serving food; outdoor performances; a banquet, party or celebration conducted for invited guests that is not open to the public; dances or events sponsored and operated by a governmental entity, an educational institution, or nonprofit religious, charitable, benevolent or fraternal organization. MANAGER: Manager shall include any employee who is in charge and responsible for the conduct of the business activity at any given time. OWNER: A natural person, partnership, or corporation (including all partners in a partnership and all stockholders in a corporation) or other firm or organization that owns the arcade parlor, billiard hall, or dance club. PREMISES: Any place where an arcade parlor, billiard hall, or dance hall is operated or maintained, including all hallways, bathrooms, parking areas and other adjacent portions of the premises that are accessible to the public during operating hours 3 -2D -3: LICENSES REQUIRED: No owner or manager shall operate an arcade parlor, billiard hall, or dance club within the City of Rosemount without first obtaining a license from the city as provided in this chapter. 3 -2D -4: LICENSE APPLICATION: 3- 2D -4 -1: CONTENTS OF INITIAL APPLICATION: A. General: The application for any type of license to be issued under this article shall contain information required by this section. B. Nature Of Application: The application shall show whether the applicant is a natural person, corporation, partnership or other firm or organization. The applicant shall be the owner of the business. 1. Natural Person: If the applicant is a natural person, the following information shall be required: a. True name, place and date of birth, and street residence address of the applicant. b. Whether the applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used. c. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Minnesota statutes, Chapter 333, certified by the secretary of state, shall be attached to the application. d. Street addresses at which the applicant and present spouse have lived during the preceding ten (10) years. e. Kind, name and location of every business or occupation the applicant or present spouse has been engaged in during the preceding ten (10) years. f. Names and addresses of the applicant's and spouse's employers and partners, if any, for the preceding ten (10) years. g. Whether the applicant or spouse, or any other member of the immediate household has ever been convicted of any crime or violation of any City ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. h. Whether the applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating an arcade parlor, billiard hall, dance club, saloon, hotel, restaurant, cafe, tavern or other business of similar nature. If so, the applicant shall furnish information as to the time, place and length of time of such employment or operation. 2. Partnership: If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in subsection B1 of this Section. A managing partner or partners shall be designated. The interest of each partner in the business shall be disclosed. If the partnership is required to file a certificate as to a trade name under the provisions of Minnesota Statutes, Chapter 333, a true copy of such certificate certified by the Secretary of State shall be attached to the application. 3. Corporation: If the applicant is a corporation or other association, the following information shall be required: a. Name and, if incorporated, the state of incorporation. b. A true copy of the certificate of incorporation, articles of incorporation or association agreement and bylaws and, if a foreign corporation, a certificate of authority, as described in Minnesota statutes. c. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in subsection B1 of this Section. d. A list of all persons who, singly or together with their spouses, or a parent, brother, sister or child of either of them, own or control an interest in said corporation or association in excess of five percent (5 or who are officers or directors of said corporation or association, together with their addresses and all information as is required of a single applicant in subsection B1 of this Section. 4. Club: If an application is submitted by a club, the following information shall be submitted in addition to that required by the prior subsections hereof: a. The purpose for which the club was originally organized and for which it is now existing. b. The date that the club was first organized and the place of such organization. c. The number of members. d. The name of the manager, proprietor or other person who shall be in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an on -sale license as set forth in subsection B1 of this Section. C. Description Of Premises: 1. Legal Description: The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations of and distances to the nearest church buildings and school grounds. 2. Street Address: The street address of the premises to be licensed. An applicant for a license shall submit a floor plan of the facilities.. The plan shall show room dimensions and shall indicate the number of persons intended to be served in each of said rooms. D. Financial and Interest Criteria: 1. Financial Interest: The names and addresses of all persons other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock -in -trade; the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees, trustors and persons who have cosigned notes or have otherwise loaned, pledged or extended security for any indebtedness of the applicant. 2. Amount Of Investment: The amount of investment that the applicant has in the business, building, premises, fixtures and structures, exclusive of land, on the premises proposed to be licensed. E. References: The names, residences and business addresses of three (3) persons, residents of the State, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or, in the case where information is required of a manager, the manager's character. F. Plans Of Premises: Whenever the application for an arcade parlor, billiard hall, or dance dub license, or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the interior design of the proposed premises to be licensed. G. Business Protocol and Security Plan: A written statement setting forth all measures to ensure adequate traffic control, crowd protection and security throughout the entire premises will be maintained, and the protocol to monitor the age of the patrons admitted. H. Taxes: Whether or not all real estate taxes, assessments, or other financial claim of the City, State or Federal government for the business and premises to be licensed have been paid, and if not paid, the years for which delinquent. I. Description Of Proposed Business: A detailed narrative description of the proposed business for which the license is sought including, but not limited to: type of clientele, type of entertainment (if any), type of food menu (if any), and fixtures. J. Other Information Required: Such other information as the City Council shall require. 3- 2D -4 -2: RENEWAL APPLICATIONS: A. License Period, Expiration: Each license or renewal license shall be issued for a maximum period of one (1) year. All licenses expire on December 31 of each year. B. Time Of Making Application: Applications for the renewal of an existing license shall be made at least sixty (60) days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct except as otherwise indicated. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for his failure to file for a renewal within the time period provided, the Council may, if the other provisions of this article are complied with, grant the application. 3- 2D -4 -3: AMENDMENT APPLICATION: A. Purpose of an Amendment A licensee may request an amendment to the license during the calendar year term of the license for any of the following purposes: 1. Change in ownership or management of the establishment. 2. Request to modify a condition(s) within the permit. 3. Appeal the administrative decision regarding special events. B. Amendment Application: The following application material shall be provided as an amendment application: 1. Change in Ownership or Management: A license application shall be submitted with the information requested in section 3- 2D -4-1 B through E, H, and J of this article. 2. Condition Modification or Appeal of Administrative Decision: The licensee shall provide in writing the condition or administrative decision that is requested to be modified, the modification that is requested, and the factors that the City Council should consider when determining the modification. C. Amendment Fee: The amendment fees for licenses shall be as established from time to time by resolution of the City Council. In the case of the change in principal ownership or management, an initial investigation fee shall be paid by the applicant. 3- 2D -4 -4: EXECUTION OF APPLICATION: If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond or insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. Applications shall be filed with the City Clerk. 3- 2D -4 -5: CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS: A. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, unless such change is approved by the Director of Community Development, in which event said license shall be continued in force until the end of the then current license year. B. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Director of Community Development, in which event said license shall continue in force until the end of the then current license year. C. Corporations, partnerships or associations holding licenses shall submit written notice to the clerk of any such changes described herein on or before thirty (30) days prior to the effective date of any such change. The licensee shall notify the clerk when a person not listed in the application acquires an interest which, together with that of a spouse, parent, brother, sister or child, exceeds five percent (5 and shall give all information about said person as is required of a person pursuant to the provisions of this article. D. Corporations holding licenses shall submit written notice to the clerk of any change in operating officers at least thirty (30) days prior to the effective date of such change. The written notice shall designate the new operating officer and shall contain all of the information about said person as is required of a single applicant in section 3- 2D -4 -1 of this article. The new operating officers shall be subject to the investigation required by subsection 3 -2D -6A of this article. E. The designation of a new operating officer shall not cause the corporation's license to become invalid before a decision is rendered by the Director of Community Development, provided proper notice and application are made pursuant to subsection D of this section. A proposed new operating officer shall be referred to as the interim operating officer. In the event an interim operating officer is rejected by the Director of Community Development, the corporation shall designate another interim operating officer and make the required application pursuant to section 3- 2D -4 -1 of this article within fifteen (15) calendar days of the Director of Community Development's decision. In any event, a corporation shall be limited to two (2) successive interim operating officers. 3 -2D -5: LICENSE FEES: A. Fees: The fees for licenses and permits shall be as established from time to time by resolution of the City Council. B. Payment Of Fees: The license fee for a new license shall be paid in full before the application for the license is accepted, and at least ten (10) days before the public hearing on the application. All fees shall be paid into the General Fund of the City. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded, minus the cost of staff time up to the date of the withdrawal, to the applicant except where rejection is for a willful misstatement in the license application in which case all the fee shall be retained by the City. C. Term, Pro Rata Fee: Each license shall be issued for a period of one year except that 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, with any fraction of a month being counted as one month. Every license shall expire as provided in subsection 3- 2D -4 -2A of this article. D. Refunds: No refund of any fee shall be made except as provided in subsection B of this Section. E. Change Of Ownership, Exception: Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged, no additional investigation fee will be required. 3 -2D -6: GRANTING OF LICENSES: A. Investigation: At the time of making application, the applicant shall, in writing, authorize the Police Department to investigate all facts set out in the application and do a personal background and a criminal record check on the applicant. The applicant shall further authorize the Police Department to release information received from such investigation to the City Council. Should the City Council deny the applicant the request for a license, due partially or solely to the applicant's prior conviction of a crime, the City Council shall notify the applicant in writing of the following information: 1. The grounds and reasons for the denial; 2. The applicable complaint and grievance procedure as set forth in Minnesota Statutes, section 364.06; 3. The earliest date the applicant may reapply for a license; and 4. That all competent evidence of rehabilitation will be considered upon reapplication. B. Granting License: After such investigation and hearing, the Council shall grant or refuse the application in its discretion. The City Council shall not grant the license unless it is satisfied that the applicant and premises meet all of the requirements of this article and the applicant has agreed to comply with the conditions of the license. If the City Council denies a license application, the City Council shall notify the applicant in writing of the grounds and reasons for denial. If the license is denied solely of in part due to the applicant's prior conviction of a crime, the City Council shall also notify the applicant in writing of the following information: 1. The applicable complaint and grievance procedure as set forth in Minnesota Statutes, section 364.06; 2. The earliest date the applicant may reapply for a license; and 3. That all competent evidence of rehabilitation will be considered upon reapplication C. Issuance; Transfer; Buildings Under Construction: 1. Issuance: Each license shall be issued to the applicant only. 2. Transfer: Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the Council and without a new application having been filed. Any transfer of the license and a transfer of stock without Council approval is a ground for revocation of the license. 3. Premises Under Construction: Where a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the Clerk shall not issue the license until notified by the Building Inspector that the building is ready for occupancy. 3 -2D -7: PERSONS INELIGIBLE FOR LICENSE: A. Multiple Interest: No license shall be granted to a person who is directly or indirectly interested in any other establishment in the City to which a license has been issued under this article. No person shall own an "interest as defined in this article, in more than one establishment or business for which a license has been granted in this City under this article. B. Manager Required: No license shall be granted to a corporation that does not have an operating officer who is eligible pursuant to the provisions of this article. C. Real Party In Interest: No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provisions of subsections B of this Section or who, in the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. D. Interest Defined: The term "interest" as used in this Section includes any pecuniary interest in the ownership, operation, management or profits of an establishment licensed under this article, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business or selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of five percent (5 or less in any corporation holding a license. A person who receives monies from time to time directly or indirectly from licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such license. In determining bona fide the reasonable value of the goods or things received as consideration for the payment by the licensee and all other facts reasonably tending to prove or disapprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this article shall be considered. E. Moral Character: No License shall be granted to a person who is not of good moral character and repute. 3 -2D -8: PLACES INELIGIBLE FOR LICENSE: A. License Refused Where Taxes Due: No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minnesota Statutes, Chapter 278, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, that remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. B. Distance From School Or Church: No license shall be granted to any applicant whose place of business is within three hundred feet (300) of any school or within three hundred feet (300) of any church. In applying this restriction the distance shall be measured from the main front entrance following the route of ordinary pedestrian travel. C. Nudity And Sexual Conduct Prohibited: No license shall be held at any premises where nudity or sexual acts or conduct are permitted to occur. 1. For the purposes of this subsection "nudity" and "sexual conduct" are defined as follows: NUDITY: The showing of the postpubertal human male or female genitals pubic area or buttocks with less than a fully opaque covering or the showing of postpubertal female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For the purposes of this definition, the female breast is considered uncovered if the nipple only or the nipple and the areola are covered. SEXUAL CONDUCT: Acts or simulated acts of masturbation, sexual intercourse, sodomy, bestiality, oral copulation, flagellation, sadomasochistic abuse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. 2. The following acts or conduct in a premises that has been issued a license are contrary to the public welfare and, therefore, in order to preserve order and protect the public welfare, no license issued under this article shall be held at any premises where such conduct or acts are permitted to occur: a. The licensee, owner or manager of any licensed establishment permitting or allowing any live nudity to occur on the licensed premises. b. The licensee, owner or manager of any licensed establishment permitting or allowing any live sexual conduct to occur in the licensed establishment. 3. The city council may suspend or revoke or refuse to issue a license for violation of this subsection C upon a finding that the licensee has failed to comply with this subsection C. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. 3 -1 -9: CONDITIONS OF LICENSE: A. Conditions and Regulations: Every license is subject to the conditions in the following subsections and all other provisions of this article and of other applicable ordinances, state law or regulations. 1. Inspections: Any police officer, building inspector or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of any licensee hereunder during the business hours without a warrant. 2. Security and Surveillance Plan: The security and surveillance plan, including security staff and surveillance system, shall be reviewed, modified, and approved by the City Council as necessary to protect the health, safety, or public welfare. 3. Security System Access: The owner or manager of the establishment shall provide access and copies of their security system data in a timely manner to assist the City's Police Department in any investigation of activities that may have occurred on the premises of the establishment upon request of the Police Department. 4. Hours of Operation: a. Arcade Parlors: An arcade parlor shall be operated only between 10 a.m. and 10 p.m.. b. Billiard Halls: A billiard hall shall be operated only between 2 p.m. and 2 a.m.. c. Dance Clubs: A dance club shall be operated only between 6 p.m. and 2 a.m.. 5. Occupancy: The occupancy of an arcade parlor, billiard hall, or dance club shall be limited by the lesser of the two following methods: a. The occupancy of the establishment shall be limited to three (3) occupants per one (1) off street parking space provided for the building housing the establishment or such off street parking spaces within 350 feet of the entrance of the establishment that the owner has written permission to use. b. The occupancy of an establishment shall be limited to that determined by the Building Code, Fire Code, and other applicable City Codes. 6. Age Restrictions: a. Arcade Parlors: Persons under twelve (12) years of age shall not be permitted to enter or remain the premises unless accompanied by a parent or legal guardian b. Billiard Halls: Persons under sixteen (16) years of age shall not be permitted to enter or remain the premises unless accompanied by a parent or legal guardian c. Dance Clubs: Persons of the following ages shall not be permitted to enter or remain on the premises: 7. Identification Required: i. Under sixteen (16) years of age. ii. Twenty -one (21) years of age or older except for bona fide employees or entertainers hired by the licensee to work at the dance club, city employees as described in B of this subsection, or the temporary admittance of parents or legal guardians to retrieve their children. a. Arcade Parlors: The licensee, or the licensee's employee or agent, shall require prospective patrons to produce and permit to be examined a school identification, current driver's license or nonqualification certificate issued by the state department of public safety before the patrons shall participate in any activities on the premises. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification. b. Billiard Halls and Dance Clubs: The licensee, or the licensee's employee or agent, shall require prospective patrons to produce and permit to be examined a current driver's license or nonqualification certificate issued by the state department of public safety before the patrons shall participate in any activities on the premises. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification. 8. Misrepresenting Age: No person shall misrepresent his or her age for the purpose of entering a arcade parlor, billiard hall, or dance club. No person prohibited by paragraph A6 of this section shall enter any premises licensed for an arcade parlor, billiard hall, or dance club. 9. Adequate Lighting: It shall be the obligation of the licensee to provide proper and adequate illumination of all portions of the club interior that are available for public use. Such illumination shall be not less than one (1) foot candle at floor level at all times when the premises are open to the public or when any member of the public is permitted to enter and remain on the premises. 10. Nonemployees On Premises: The licensee shall not allow nonemployees or nonowners, except those individuals listed in subsection Al of this Section, within the building outside of the hours of operation or on the club premises outside of thirty (30) minutes before or after the hours of operation. 11. Ownership Of Equipment And Equipment Advertising: No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of alcoholic or tobacco products, nor shall any equipment or fixture advertise any alcoholic or tobacco product. 12. Alcohol and Controlled Substances: No licensee shall knowingly permit the sale, possession or consumption of alcohol or controlled substances on the licensed premises in violation of Minnesota Statutes, Chapter 340A and Chapter 152. 13. Persons Suspected To Be Under The Influence: It shall be the obligation of the licensee and /or manager to remove, or have removed, from the premises any person who is, or appears to be, under the influence of, or affected by the use of, alcohol or drugs, or whose conduct poses a physical danger to the safety of others present. 14. Prostitution: No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the licensse's control to be used by prostitutes. 15. Loitering: It shall be the obligation of the licensee to prevent loitering, and /or the creation of public nuisances or disturbances of the peace by any patrons of the dance club on club premises or in the immediate vicinity. "Loitering" shall not include walking between the club building and a patron's vehicle, nor shall it include the act of waiting in line to gain admission to the club. 16. Litter, Refuse, and Garbage: It shall be the obligation of the licensee to clean up all litter, refuse, and garbage resulting from club operations. The cleanup shall occur within four (4) hours after the end of each day's operation. 17. Records: The business records of the licensee, including federal and state tax returns, shall be available for inspection by the city at all reasonable times upon written request. 18. Employee Background Checks: The licensee shall perform background checks on all employees as required within the Minnesota Child Protection Background Check Act, Minnesota Statutes 299C.60 through 299C.64. B. Special Events: Modifications to the conditions of the license for special events may be considered but not necessarily granted at the discretion of the Director of Community Development and the Police Chief. Review of the special event request will be based upon general adherence to the conditions of the license, relationship to the principal use of the premises, potential impact upon the surrounding area, or other information deemed relevant to the staff. The applicant or owner will apply for a special event no less than seven (7) working days before the event. 3- 2D -10: SPECIAL CONDITIONS: At the time a license renewal is issued, the city may attach special conditions to the license to protect the welfare of the community. Violation of any of the conditions shall be grounds for revocation of the license. 3- 2D -11: LIABILITY INSURANCE: All applicants for a arcade parlor, billinrd hall, or dance hall license to be issued or renewed must, as a condition to the issuance of the license, demonstrate proof of financial responsibility with regard to liability to the city. Proof of financial responsibility may be given by filing one of the following. A. A certificate that there is in effect for the period of the license an insurance policy or pool providing the following minimum coverages: 1. One hundred thousand dollars ($100,000.00) because of bodily injury to any one person in any one occurrence and, subject to the limit for one person, in the amount of three hundred thousand dollars ($300,000.00) because of bodily injury to two (2) or more persons in any one occurrence, and in the amount of fifty thousand dollars ($50,000.00) because of injury to or destruction of property of others in any one occurrence; 2. One hundred thousand dollars ($100,000.00) for loss of means of support of any one person in any one occurrence, and, subject to the limit of one person, three hundred thousand dollars ($300,000.00) for loss of means of support of two (2) or more persons in any one occurrence; or B. A bond or a surety company with the minimum coverages as provided in subsection A of this section. 3- 2D -12: REVOCATION OR SUSPENSION OF LICENSE: 3- 2D -12 -1: GROUNDS FOR REVOCATION: The council shall suspend a license for a period not to exceed sixty (60) days or revoke a license for each violation on a finding that the licensee has committed a violation of any of the following: A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the city council. B. Violation of any conditions under which the license was granted. C. Violation of any provision of this article. D. Creation of a nuisance on the premises or in the surrounding area. E. Violation of any state or federal law regulating the sale, possession, or consumption of intoxicating liquor or controlled substances. In the event of a revocation of a license, the licensee must reapply for a license and meet the requirements for a license under this article. No application for the same or substantially same license shall be made within six (6) months of the date of denial. 3- 2D -12 -2: DISPROPOTIONATE USE OF PUBLIC SAFETY RESOURCES The City Council may review the license and consider license modifications or revocation as provided within subsection 3- 2D -12 -1 if there is a disproportionate use of public safety resources including, but not limited to, three (3) or more police calls to the licensed establishment concerning crimes against person, disturbances, possession of a dangerous weapon, possession of drug paraphernalia, controlled substances violations, or alcohol violations within any twelve (12) month period that result in a complete investigative report. Upon the third occurrence, the City Council will be notified by the Police Chief of the substance of the reports. In consultation with the Police Chief, the City Council will determine whether formal review of the license is warranted. The applicant will be notified of the disposition of the decision. 3- 2D -12 -3: INACTIVE LICENSE: The city council may revoke the license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within six (6) months from its issuance, or any establishment that ceases operation for a period of six (6) months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the council may revoke the license. 3- 2D -12 -4: HEARING NOTICE: Revocation or suspension of a license by the council shall be preceded by a hearing. The city council may appoint a hearing examiner or may conduct a heating itself. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted this day of 2009, by the City Council of the City of Rosemount, Minnesota. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor Published in the Rosemount Town Pages this day of 2009. WHEREAS, the City Council has reviewed the 2009 Schedule of Fees and Rates and recognizes the need to amend certain rates and fees for 2009; and WHEREAS, the City Council has found the need to amend the Schedule of Fees and Rates to add certain Administration Fees for Arcade Parlor, Billiard Hall, and Dance Club Business Licenses. THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, that it adopt Administration Fees for Arcade Parlor, Billiard Hall, and Dance Club Business Licenses as follows: Annual Billiard Hall or Dance Club License: $800 Annual Arcade Parlor License: $15 per location plus $15 per machine Amendment to the Billiard Hall or Dance Club License:$175 Amendment to the Arcade Parlor License: The lesser of $15 per location plus $15 per machine or $175 Initial Application Investigation Fee: $500 ADOPTED this 3 day of August, 2009 by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009 A RESOLUTION AMENDING RESOLUTION 2008 -108 A RESOLUTION APPROVING AMENDMENTS SETTING THE 2009 SCHEDULE OF RATES AND FEES. William H. Droste, Mayor Motion by: Second by: Voted in favor: Voted against: Member(s) absent: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2009 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. XXI.19 AMENDING TITLE 3 OF THE ROSEMOUNT CITY CODE CONCERNING ARCADE PARLORS, BILLARD HALLS, AND DANCE CLUBS WHEREAS, the City Council of the City of Rosemount conducted a First Hearing of the Ordinance amendment on July 21, 2009; and WHEREAS, the City Council of the City of Rosemount conducted a Second Reading and adopted Ordinance No. XXI.19 amending the City of Rosemount City Code relating to business licenses for arcade parlors, billiard halls, and dance clubs on August 3, 2009; and WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. XXI.19 to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their August 3, 2009 meeting, the City Council of the City of Rosemount adopted Ordinance No. XXI.19. The ordinance amends Title 3 of the City of Rosemount City Code by added Chapter 3 -2D relating to business licenses for arcade parlors, billiard halls, and dance clubs. In summary, the new ordinance provides the application requirements and license conditions and standards of business licenses for arcade parlors, billiard halls, and dance clubs. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. XXI.19 shall be kept in the City Clerk's office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30 days after adoption. ADOPTED this 3` day of August, 2009, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Resolution 2009- Motion by: Second by: Voted in favor: Voted against: Member absent: 3 -2D -1: Purpose 3 -2D -2: Definitions 3 -2D -3: License Required 3 -2D-4: License Application 3 -2D -5: License Fees 3 -2D -6: Granting of Licenses 3 -2D -7: Persons Ineligible for License 3 -2D -8: Places Ineligible for License 3 -2D -9: Conditions of License 3- 2D -10: Special Conditions 3- 2D -11: Liability Insurance 3- 2D -12: Revocation or Suspension o 3 -2D -1: PURPOSE: The p ose of this articl council deems it nece ovide for the arcade parlors, b' o ce clubs. 3 -2D -2: DEFINITIONS: meanings ascribed to th 1 BILLIARD HALL: tables or billiard to or by the insertion o City of Rosemount Ordinance No. AN ORDINANCE AMENDING TITLE 3 OF THE ROSEMOUNT CITY CODE CONCERNING ARCADE PARLORS, BILLARD HALLS, AND DANCE CLUBS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS: Section 1. Title 3 of the Rosemount City Code is amended by adding Chapter 2D to read: ARTICLE D: ARCADE PARLORS, BILLIARD HALLS, AND DANCE,, CLUBS nt, enjoyment, o term shall not in es that sell isle, the t s .efined in this section shall have the following ses that, •en to thepublic and that have as th eir principal c machines (e.g. videogames) lit provide may be operated upon the insertion of a coin or e juke 'axes, children's mechanical rides (e.g., horses, rocket handise. th, safety and welfare. The city of persons who own and manage mises thfit, are open to the public and have five (5) or more pool ination thereof, regardless of size, and whether activated manually token, or other mechanical device. DANCE CLUB: Commercial premises that are open to the public and a primary function of which is to offer patrons an opportunity to engage in social activities such as dancing, or the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or other performers. As an incidental function, a dance club may sell and serve food and beverages (excluding alcoholic beverages) or provide other forms of entertainment such as billiard tables, dart boards, or arcade games to its patrons. The terms "arcade parlor", "billiard hall", or "dance club" do not include the following: Any premises 1 >haserve alcoholic beverages as defined by State and local laws; theaters where thepatrons sit in Deleted: which Deleted: ifs f Deleted: is Deleted: which Deleted: which Deleted: which f Deleted: which f Deleted: which parallel rows of fixed seats; full service restaurants where the only entertainment consists of background music thais incidental to the primary function of serving food; outdoor performances; a banquet, party or celebration conducted for invited guests that,is not open to the public; dances or events sponsored and operated by a governmental entity, an educational institution, or nonprofit religious, charitable, benevolent or fraternal organization. MANAGER: Manager shall include any employee who is in charge and responsible for the conduct of the business activity at any given time OWNER: A natural person, partnership, or corporation (including all partners in a partnership and all stockholders in a corporation) or other firm or organization that owns e arcade parlor, billiard hall, or dance club. PREMISES: Any place where an arcade parlor, billiard hall, di dance li including all hallways, bathrooms, parking areas and other Jacent po are accessible to the public during operating hours 3 -2D -3: LICENSES REQUIRED: No owner or manager shall operate an arcade parlor, b :I 9r darie club within City of Rosemount without first obtaining a lic from the city as ®h 'tied in this chapter. 3 -2D-4: LICENSE APPLICATION: 3- 2D -4-1: CONTENTS OF INITIAL APPLI v o e A. Gen eral: The appli es n for e of lic be issued information req lication: operated or maintained, of the premises that, Deleted: which this cle shall contain all show er the applicant is a natural person, The applicant shall be the owner of the person, the following information shall be required: a. ame place and a of b'' and street residence address of the applicant. b. Wheth applicants s ever used or been known by a name other than his true name and, if .4 so, what ch n. k9'e or names, and information concerning dates and places where used c. The name of .usiness if it is to be conducted under a designation, name or style other than the full indivi•ual name of the applicant in such case a copy of the certification, as required by Minnesota statutes„Chapter 333, certified by the secretary of state, shall be attached to the application. d. Street addresses at which the applicant and present spouse have lived during the preceding ten (10) years. e. Kind, name and location of every business or occupation the applicant or present spouse has been engaged in during the preceding ten (10) years. Deleted: which Deleted: which Deleted: chapter Deleted: chapter f. Names and addresses of the applicant's and spouse's employers and partners, if any, for the preceding ten (10) years. g• Whether the applicant or spouse, or any other member of the immediate household has ever been convicted of any crime or violation of any City ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. h. Whether the applicant or his spouse, or a parent, brother, sist& or child of either of them has ever been engaged as an employee or in operating an arcade billiard hall, dance club, saloon, hotel, restaurant, cafe, tavern or other business of nature. If so, the applicant shall furnish information as to the time place and length e of such employment or operation. e name giving all the in f this Section. f all persons w 'ther of the nt (5%) o .a the •m addresse ed of a single applicant designate quired to 33 2. Partnership: If the applicant is a partnership, th information concerning each partner as is re Section. A managing partner or partners s business shall be disclosed. If the partnership under the provisions of Minnesota Statutes, the Secretary of State shall be a ed to the applica 3. Corporation: If the applicant is a co be required: a. Name and, if b. A true co agreement and Minnesota statute d. A chil of five together subsection B a. b. c. d, the state .k F corpora ofincorpo f a foreign co es The interest o certificate as true dopy of such c 11 partners and all section B1 of this or other asso tog, the following information shall on, artid- of incorporation or association tion, a certificate of authority, as described in roprie other agent in charge of the premises to be licensed, said person as is required of a single applicant in subsection B1 singly or together with their spouses, or a parent, brother, sister or or control an interest in said corporation or association in excess who are officers or directors of said corporation or association, esses and all information as is required of a single applicant in Section. 4. Club: If an application is submitted by a club, the following information shall be submitted in addition to that requiredy theprior subsections hereof: The purpose for which the club was originally organized and for which it is now existing. The date that the club was first organized and the place of such organization. The number of members. partner in the "ode name cate certified by Deleted: chapter Deleted: and is applying for an on -sale license Deleted: by the Commissioner of public Safety and C. F. Plan 0 J. d. The name of the manager, proprietor or other person who shall be in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an on -sale license as set forth in subsection B1 of this Section. Description Of Premises: 1. Legal Description: The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations of and distances to the nearest church buildings and school grounds. 2. Street Address: The street address of the premises to be licensed.; plicant for a license shall submit a floor plan of the facilities.. The plan shall show room a mensi s and shall indicate the number of persons intended to be served in each of said roOns Premises. e' transfer thereo n, the application e proposed pre D. Financial and Interest Criteria: 1. Financial Interest: The names and addresses financial interest in the business, buildings of such interest, amount thereof, terms for pa but not be limited to, any lessees, lessors, mortgag trustors and persons who have ed notes or hav security for any indebtedness of th 4. scant. has in the business, building, premises, fixtures and structures, exclus o.the premi proposed to be licensed. 2. Amount Of Investment: The amount f. inv that the a E. References: The n s, xesi. and busines ddresses o tl+ -e (3) persons, residents of the State, of good moral c not rela to the appli t or finant+ lly interested in the premises or business, who may be r w ed to to the applic. character or, in the case where information is required of a manager, the cter. design G. Business Pro traffic control, the protocol to m persons other than ses, fixtur furniture, sto or oth bursement. gor lenders, lien erwise loaned, ple licant, who have any -trade; the nature include, ders, trustees, or extended licationn arcade parlor, billiard hall, or dance club license, either planned or under construction or undergoing substantial ed by a set of preliminary plans showing the interior to be Wensed. an: A written statement setting forth all measures to ensure adequate and security throughout the entire premises will be maintained, and of the patrons admitted. H. Taxes: Whether or no i real estate taxes, assessments, or other financial claim of the City, State or Federal government or the business and premises to be licensed have been paid, and if not paid, the years for which delinquent. I. Description Of Proposed Business: A derailed narrative description of the proposed business for which the license is sought including, but not limited to: type of clientele, type of entertainment (if any), type of food menu (if any), and fixtures. Other Information Required: Such other information as the City Council shall require. 3- 2D -4 -2: RENEWAL APPLICATIONS: A. License Period, Expiration: Each license or renewal license shall be issued for a maximum period of one (1) year. All licenses expire on December 31 of each year. B. Time Of Making Application: Applications for the renewal of an existing license shall be made at least sixty (60) days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct except as otherwise indicated. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for his failure to file for a renewal within the time period provided, the Council may, if the other provisions of s Article are complied with grant the application. 9_09 l application: 2. Request to modify a condition(s) within the •ermi dministrative •eci i•n. Odin• s ve 1. Change in Own re in sec 2. Condition Modification f the City Coun tx ti.n fee shall ement: A lic hEHa .d l.i,_ l• .l- •difi 3- 2D -4-3: AMENDMENT APPLICATION: A resolu initial inv fa Am m 3- 2D -4-4; EXEC OF AP CATION: If the application is by a person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if bye. artnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond or insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. Applications shall be filed with the City Clerk. 1 3- 2D-4 -5 CORPORATIONS PARTNERSHIPS OR ASSOCIATIONS: se applicatio all be submitted with the information f this a icle. ecision: The licensee shall provide in writing •difi -d llo•'•c••• of the change in principal ownership or man.gement, an licant. A. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, unless such change is approved by the Director of Community Deleted: Chapter Deleted: 3 Deleted: 4 B. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Director of Community Development, in which event said license shall continue in force until the end of the then current license year. C. Corporations, partnerships or associations holding licenses shall submit written notice to the clerk of any such changes described herein on or before thirty (30) days prior the effective date of any such plication acquires an interest which, together with that of a spouse, parent, brother, sis er' or child, exceeds five percent (5 and shall give all information about said person as is required f acxson pursuant to the provisions of this ,article. D. Corporations holding licenses shall submit written nonce ti,th clerk of a officers at least thirty (30) days prior to the effect date of such change designate the new operating officer and shall c,il all of the formation abou required of a single applicant in section 3-2D-4-1 `p article. a ew opera subject to the investigation required by subsection 3- A %this n tin Article. E. The designation of a new operating of de -shall not cause th rporation's license to become invalid before a decision is rendered by the Dir to ommunity D' e lopment, provided proper notice and application are made pursuant to sub if this section posed new operating officer shall be referred to as the interim operating officer Tn. event an irilenrn operating officer is rejected by the Director of Con iDeve1opment, the corpora hall designate another interim operating officer an k e the wired application pursuant 'section 3- 2D -4-1 of this article within Deleted: chapter A. F B. Development, in which event said license shall be continued in force until the end of the then current license year. change. The licensee shall notify the clerk when a person not listed fifteen (15) calen iyj the ector of Community De opment's decision. In any event, a corporation shall be limite4 to tw 2) successive interim operating officers. 4 hall be as established from time to time by resolution of the 3 -2D -5: LICE t The fees for licen cil. Payment Fees: The licens license is acciCed, and at leas be paid into theg,.�reneral Fun withdrawal of an a refunded, minus the rejection is for a willful retained by the City. e for a new license shall be paid in full before the application for the n (10) days before the public hearing on the application. All fees shall of the City. Upon rejection of any application for a license or upon cation, before approval of the issuance by the Council, the license fee shall be staff time up to the date of the withdrawal,, to the applicant except where *sstatement in the license application in which case all the fee shall be C. Term, Pro Rata Fee: Each license shall be issued for a period of one year except that 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, with any fraction of a month being counted as one month. Every license shall expire as provided in Deleted: unexpired subsection 3- 2D -4-2A of this Article. Deleted: Chapter D. Refunds: No refund of any fee shall be made except as provided irk subsection B of this Section. f Deleted: chapter ange in operating tten notice shall 'd person as is ss shall be Deleted: chapter Deleted: chapter Deleted: Deleted: by E. Change Of Ownership, Exception: Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged, no additional investigation fee will be required. 3 -2D -6: GRANTING OF LICENSES: A. Investigation: At the time of making application, the applicant shall, in writing, authorize the Police Department to investigate all facts set out in the application and do a personal background and a criminal record check on the applicant. The applicant shall further authorize the Police Department to release information received from such investigation to the City Counil. Should the City Council deny the applicant the request for a license, due partially or solely to the pant's prior conviction of a crime, the City Council shall notify the applicant in writing of thelowing'nformation: 1. The grounds and reasons for the denial; 2. The applicable complaint and grievance proced 364.06; 3. The earliest date the applicant may reapply for 4. That all competent evidence of to Statutes, section ilitation will be 'dered upon reapplica on. B. Granting License: After such investigat the Co w shall grant or refuse the application in its discretion. The City Co s. cil s g t grant the ess it is satisfied that the applicant and premises meet all of the req a article e applicant has agreed to comply with the con e license. I City Coy •e'es'a license application, the City Council shall notify appli p writing of »e grounds an asons for denial. If the license is denied solely or »ue to th .plicant's pri convictior of a crime, the City Council shall also notify the applicant in �,�g of following info tion: 1. The mplatn' 'ev`. e• �e as set forth in Minnesota Statutes, section 3 3. That C. Issuance; Trans 1. Issuance: Each li y for a license; and of reha ilitation will be considered upon reapplication der Construction: all be issued to the applicant only. 2. Transfer: Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the Council and without a new application having been filed. Any transfer of the license and a transfer of stock without Council approval is a ground for revocation of the license. 3. Premises Under Construction: Where a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the Clerk shall not issue the license until notified by the Building Inspector that the building is ready for occupancy. Deleted: section 3 -2D -7: PERSONS INELIGIBLE FOR LICENSE: A. Multiple Interest: No license shall be granted to a person who is directly or indirectly interested in any other establishment in the City to which a license has been issued under this ,article. No person shall own an "interest as defined in this „article, in more than one establishment or business for which _a license has been granted in this City under this ,article. B. Manager Required: No license shall be granted to a corporation that does not have an operating officer who is eligible pursuant to the provisions of this ,article. C. Real Party In Interest: No license shall be granted to a person who is spouse of a person ineligible for a license pursuant to the provisions of subsections B of this S on or ho, in the judgment of the Council, is not the real party in interest or beneficial owner of iness operated, or to be operated, under the license. D. Interest Defined: The term "interest" as used in this ectton includes any interest in the ownership, operation, management or profits of eta lishment licensed uier this article, but does not include: bona fide loans; bona fide fixed s tal agreements; bona fide o accounts or other obligations held with or without security arising out o the ordinary and regular cot'irse °business or selling or leasing merchandise, fixtures or supplies to su lishm'ent; or an interk of five percent (5 or less in any corporation hol a,Jicense. A person'who receives monies from time to time Deleted: dance club directly or indirectly from licensee �eabsence of a bona fiide,consideration therefor and excluding bona fide gifts or donations, shall be deemed have a pecuniary interest in such license. In determining bona fide the reasonable value of the ..ds or things�reived as consideration for the payment by the licensee and all other facts t aso y tending to prove or disapprove the existence of any purposeful scheme ement to eva• the prohiibiti©nssof this?rtide shall be considered. E. Moral Character- x g ense sha 6;. e nted to a. erso wh is not f ood m.ral character nd repute. 3 -2D -8: PLAC A. Li c e Refused Where Taxes Due: license shall be granted or renewed for operation on any s on which real estate taxes, a essnl or other financial claims of the City or of the State are due, delinquent, or unpaid. Ifs action has been commenced pursuant to the provisions of Minnesota Statutes „Chapter 278, questioning the amount or validity of taxes, the Council may, on application by Deleted: chapter the licensee, waive strict comp l ice with this provision; no waiver may be granted, however, for taxes, or any portion thereof, thaye in unpaid for a period exceeding one year after becoming due unless Deleted: which such one year pert' exten ed through no fault of the licensee. B. Distance From School Or Church: No license shall be granted to any applicant whose place of business is within three hundred feet (300') of any school or within three hundred feet (300) of any church. In applying this restriction the distance shall be measured from the main front entrance following the route of ordinary pedestrian travel. C. Nudity And Sexual Conduct Prohibited: No license shall be held at any premises where nudity or sexual acts or conduct are permitted to occur. 1. For the purposes of this subsection "nudity" and "sexual conduct" are defined as follows: Deleted: Chapter Deleted: Chapter Deleted: Chapter Deleted: Chapter Deleted: a dance club Deleted: Section A. Con NUDITY: The showing of the postpubertal human male or female genitals pubic area or buttocks with less than a fully opaque covering or the showing of postpubertal female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For the purposes of this definition, the female breast is considered uncovered if the nipple only or the nipple and the areola are covered. SEXUAL CONDUCT: Acts or simulated acts of masturbation, sexual intercourse, sodomy, bestiality, oral copulation, flagellation, sadomasochistic abuse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts pf the female, whether alone q �6 or between members of the same or opposite sex or between huma t and animals in an act of apparent sexual stimulation or gratification. 2. The following acts or conduct in a premises thaachas b e issue icense are contrary to the public welfare and therefore, in order to preserve lad protect e public welfare, no license issued under this, rticle shall be held at any pre es w ere such condo pr acts are permitted to occur: a. The licensee, owner or manager of any lice nudity to occur on the licensed premises. 3. The city council may suspend or revokes r C upon a finding v ensee has fail revocation shall the license sons and Re: er provisions o to comp has been a 3 -1 -9: CONDITIONS OF L 1. In of the hereun 4. Hours of Operation: b. The licensee, owner or mana a licensed esta hment permitting or allowing any live sexual conduct to occur in the hcen tablishment. sue a licen or violation of this subsection Iubsection C. No suspension or d an opportunity for a hearing. Deleted: which Deleted: chapter ense is t to the conditions in the following subsections and other applicable ordinances, state law or regulations. f Deleted: chapter ons: Any police cer, b g inspector or any properly designated officer or employee shall have the tn. ualifie• right to enter, inspect and search the premises of any licensee g the bus' s hours without a warrant. 2. Security and c n: The security and surveillance plan, including security staff and surveillance syste be reviewed, modified, and approved by the City Council as necessary to protect the heal safety, or public welfare. 3. Security System Access: The owner or manager of the establishment shall provide access and copies of their security system data in a timely manner to assist the City's Police Department in any investigation of activities that may have occurred on the premises of the establishment upon request of the Police Department. a. Arcade Parlors: An arcade parlor shall be operated only between 10 a.m. and 10 p.m.. b. Billiard Halls: A billiard hall shall be operated only between 2 p.m. and 2 a.m.. c. Dance Clubs: A dance club shall be operated only between 6 p.m. and 2 a.m.. 5. Occupancy: The occupancy of an arcade parlor, billiard hall, or dance club shall be limited by the lesser of the two following methods: 6. Age Restrictions: 7. Id a. The occupancy of the establishment shall be limited to three (3) occupants per one (1) off street parking space provided for the building housing a establishment or such off street parking spaces within 350 feet of the entrance o£ establishment that the owner has written permission to use. b. The occupancy of an establishment shall be to t- termined by the Building Code, Fire Code, and other applicable City, a. Arcade Parlors: Persons under twelve remain the premises unless accompanied b. Billiard Halls: Persons un remain the premises unless c. a. ii. Twen pa license the patro national, a identification. en (16) years o •ed by a pare not be p guardian. to enter or shall not be permitted to enter or legal guardian. tted to enter or remain on 6) years of a of age or :tee` except for bona fide employees or o work at the dance club, city employees as this su l n, or the temporary admittance of parents or legal their children. censee,pr the licensee's employee or agent, shall require prospective d permit to be examined a school identification, current driver's cation certificate issued by the state department of public safety before participate in any activities on the premises. In the case of a foreign d passport may be used as an alternative to the foregoing methods of b. Billiard Halls and Dance Clubs: The licensee,pr the licensee's employee or agent, shall Deleted: his require propsective patrons to produce and permit to be examined a current driver's license or nonqualification certificate issued by the state department of public safety before the patrons shall participate in any activities on the premises. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification. Deleted: his 8. Misrepresenting Age: No person shall misrepresent his or her age for the purpose of entering a Deleted: minor arcade parlor, billiard hall, or dance club. No person prohibited by paragraph A6 of this section Deleted: r sha1J enter any premises licensed for an arcadeparlor, billiard hall, or dance club. 9. Adequate Lighting: It shall be the obligation of the licensee to provide proper and adequate illumination of all portions of the club,interior that are available for public use. Such illumination shall be not less than one (1), foot candle, at floor level at all times when the premises are open to the public or when any member of the public is permitted to enter and remain on the premises. 10. Nonemployees On Premises: The licensee shall not allow nonempiopees or nonowners, except those individuals listed in subsection A1 this Section within the building outside of the hours of operation or on the club premises outside of thirty (30) mi rites before or after the hours of operation. 11. Ownership Of Equipment And Equipment Ad tising `l equipment r fixture in any licensed place shall be owned in whole or in part by apfnanufacturer or distiller o. coholic or tobacco products, nor shall any equipment or fixture rtise any coholic or toba ;.roduct. 12. Alcohol and Controlled Substances: No licensee shl. =knowingly permit the sale ossession or consumption of alcohol or controlled substances on the licensed premises in violation of Minnesota Statutes „Chapter 340A s Chapter 152. 13. Persons Suspected To Be Under The iflue and /or manager to remove, or have remove to be under the in ttCnf, poses a physica ger to >b f f th' 14. Prostitution: No hc premises or any adjoinsi 15. =i`ering: It s blic nuisances or dl turbance e immediate vicirii� "Loite pa bras vehicle, nor sha t iincl 18. 'm .lo e- Bac shall be the': ±blion of the licensee e premises ny person who is or appears or affected ;the use o€ hod drugs, or whose conduct ,safety o o ets present. owingly permithe licensed premises or any room in those directly underh licensse's, control to be used by prostitutes. on of the licensee to prevent loitering, and /or the creation of the peace by any patrons of the dance club on club premises or hall not include walking between the club building and a e act of waiting in line to gain admission to the club. 16. Litter, and Garbage t shall be the obligation of the licensee to clean up all litter, refuse, and garbagee3ulting fro ub operations. The cleanup shall occur within four (4) hours after the end of each cia eration. 17. Records: The business records of the licensee, including federal and state tax returns, shall be available for insp ction by the city at all reasonable times upon written request. o nd Checks: The licensee shall .erform back ound checks on all em lo required within the Minnesota Child Protection Background Check Act, Minnesota Statutes 299C.60 through 299C.64. ees B. Special Events: Modifications to the conditions of the license for special events may be considered but not necessarily granted at the discretion of the Director of Community Development and the Police Chief. Review of the special event request will be based upon general adherence to the conditions of Deleted: aor Deleted: he Deleted: premises Deleted: which Deleted: 5 Deleted: s Deleted: B Deleted: chapter Deleted: chapter Deleted: his Formatted: Bullets and Numbering 3- 2D -10: SPECIAL CONDITIONS: At the time a license renewal is issued, the city may attach special conditions to the license to protect the welfare of the community. Violation of any of the conditions shall be grounds for revocation of the license. 3- 2D -11: LIABILITY INSURANCE: All applicants for a arcade parlor, billiard hall, or dance hall licens condition to the issuance of the license, demonstrate proof o liability to the city. Proof of financial responsibility may be A. A certificate that there is in effect for the period e license an insurance the following minimum coverages: B. A bond or a surety comp t 3- 2D -12• 3-2D- the license, relationship to the principal use of the premises, potential impact upon the surrounding area, or other information deemed relevant to the staff. The applicant or owner will apply for a special event no less than seven (7) working days before the event. ROUNDS FOR. VOCA uspend a licen that the lice ($100,000. for loss t to the limi;.of one perso of support o ?two (2) or 1. One hundred thousand dollars ($100,000.00) beca occurrence and, subject to the dollars ($300,000.00) because of b and in the amount of fifty thousan property of others in any one occurre 2. One hundred tho any one occurr ($300,000.00)1 The council s violation on a fin A. False or misleadin 1 c. s F ury to two (2) B. Violation of any conditions under which the license was granted. Violation of any provision of this i article. D. Creation of a nuisance on the premises or in the surrounding area. 1/4 sued or renewed must, as a nsibility with regard to f the following: or pool providing lily jury to any on erson in any one or one person, amount of three hun ed thousand ore persons in any one occurrence, 50,000.00) b a of injury to or destruction of ENSE: support of any one person in ee hundred thousand dollars ore persons in any one occurrence; or es as provided in subsection A of this section r a period not to exceed sixty (60) days or revoke a license for each e has committed a violation of any of the following: made on a license application or renewal, or failure to abide by the commitments, proms w epresentations made to the city council. E. Violation of any state or federal law regulating the sale, possession, or consumption of intoxicating liquor or controlled substances. 1 Deleted: of Deleted: C. A certificate of the state treasurer that the licensee has deposited with him three hundred fifty thousand dollars ($350,000.00) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of three hundred fifty thousand dollars ($350,000.00)1 1 Deleted: chapter In the event of a revocation of a license, the licensee must reapply for a license and meet the requirements for a license under this�rticle. No application for the same or substantially same license shall be made within six (6) months of the date of denial 3- 2D -12 -2: DISPROPOTIONATE USE OF PUBLIC SAFETY RESOURCES The City Council may review the license and consider license modifications or revocation as provided within subsection 3- 2D -12 -1 if there is a disproportionate use of public safety resources including, but not Limited to, three (3) or more police calls to the licensed establishment concerning crimes against person, disturbances, possession of a dangerous weapon, possession of drug paraphernalia, controlled substances violations, or alcohol violations within any twelve (12) month period thatfesin a complete investigative report. Upon the third occurrence, the City Council will be notified bythe Police Chief of the substance of the reports. In consultation with the Police Chief, the City Counc etermine whether formal review of the license is warranted. The applicant will be notified of the dispoosi on f the decision. 3- 2D -12 -3: INACTIVE LICENSE: 3- 2D -12 -4: HEARING NOTICE: Revocation or suspension appoint a hearing exam (10) days prior to the of the charges against the h Section 2. passage Adop e Minnesota 111 D ublicatioo Al JEST: Amy Domeier, City Clerk The city council may revoke the license of any es t 1rt Tent granted a license that i §Y t under construction and exhibiting satisfactory progress towar• mpletion th us six (6) mo .fr+im its issuance, or any establishment that ceases operation for a i pddf'six (6) months. A hearing shall be held to determine what progress has been made`:, toward opening o pening the establishment and, if satisfactory progress is not demonstrate d4uncil may revo e license. e by the couni shall be pres e l ahiearing. The city council may__ duct a hearu'g itself. The g notice shall be given at least ten i otice of the the and place of the hearing, and shall state the nature ce shall be in full force and effect from and after its by the City Council of the City of Rosemount, William H. Droste, Mayor Published in the Rosemount Town Pages this day of 2009. Deleted: chapter Deleted: public Deleted: conducted in accordance with Minnesota statutes, section 14.25 Deleted:. In the event that a fine imposed pursuant to this section is not paid within fifteen (15) days of its imposition by the council, the license shall be suspended until the fine is paid. Deleted: of this section AGENDA ITEM: First Reading of the Arcade Parlor, Billiard Hall, and Dance Club Business License Ordinance AGENDA SECTION: New Business PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. ATTACHMENTS: Ordinance, July 7 City Council Work Session Business License Executive Summary, Excerpt from July 7 draft City Council Work Session Minutes, Skylar Rekstad E -mail dated July 7, Memorandum from Police Chief Kalstabakken, Solaris Nightclub and Lounge Narratives, Excerpt from the Lighting levels at Concordia University APPROVED BY: RECOMMENDED ACTION: Hold the first reading of the ordinance and schedule the second reading of the Ordinance for August 3, 2009. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: July 21, 2009 EXECUTIVE SUMMARY BACKGROUND The City has received an application for a dance club in the former Big Daddy's and Irish Loon spaces. The dance club would be alcohol free and be exclusive to 16 to 20 year olds. This use would require a Conditional Use Permit (CUP) in the C2 Downtown Commercial zoning district. Upon reviewing the application, staff has determined a number of issues that should be regulated but that many of these issues are not land use related and should not be regulated in a CUP. Staff has prepared a Business License Ordinance that would regulate the issues that arise from the operation of a dance clubs (as well as arcade parlors and billiard parlors) that are not addressed within a land use permit like a CUP. DISCUSSION After discussion at the Council Work Session on July 7, 2009, staff drafted an ordinance including conditions for licensing consistent with the Council direction. There are several specific items staff would like to draw the Council's attention to within the draft ordinance. There are: Police Calls and Investigative Reports During the July 7 Work Session, there was a discussion' of the proper number of police calls received by the business before the license could be reviewed by the City Council. Staff reviewed the issue and has prepared the follow text to clarify the process if a significant number of police calls are received from the business. The City Council may review the license and consider sanction or license revocation if there is a disproportionate use of public safety resources including, but not limited to, three (3) or more police calls to the licensed establishment concerning crimes against person, disturbances, possession of a dangerous weapon, possession of drug paraphernalia, controlled substances violations, or alcohol violations within any twelve (12) month period that results in a complete investigative report. Upon the third occurrence, the City Council will be notified by the Police Chief of the substance of the reports. In consultation with the Police Chief, the City Council will determine whether formal review of the license is warranted. The applicant will be notified of the disposition of the decision. The Police Chief recommends adding the phrase "that results in an investigative report" in an attempt to classify the truly important and dangerous police calls. Not all police calls result in an investigation or a report. An example would be if a bar calls the police due to an unruly customer who will not leave the bar. If the customer were wise enough to leave before the police arrived, the police would not file a report because the issue had been resolved without their assistance. But, if the police arrived and there was a fight between the unruly customer and another customer or staff member, then the police would investigate the incident and file a report. The requirement of an investigative report would allow the police to use their discretion to identify the truly troublesome police calls. Additionally, staff has clarified that process after the third report has been completed. The Police Chief would inform the Council of the substance of the three (or more) reports and after consultation would determine if the police reports require the review of the business's license. Special Events Staff has proposed a provision that special events can be approved administratively by the Director of Community Development and the Police Chief. These administrative approvals would allow temporary modifications to the license conditions as needed for the special event. Examples may be to offer dance lessons; something which is not considered part of a normal operation of a dance club and would require additional hours of operation and potentially expand the age range. Similarly, rental of the space for birthday parties or longer dances during holidays may be other examples of temporary special events that would require modifications to the license conditions. However, staff is not expecting events far removed from the principal activity. Exterior Site Lighting Exterior site lighting is an issue that is affected by the configuration of the parking lot, the building design and elevation, and the surrounding land use therefore being and issue that will be addressed within the CUP. The C2 Downtown Commercial District requires that the lighting of a site must be a maximum of 1 lumen (1 foot -candle 1 lumen per square foot) at a non- residential property line, but it does not have a minimum lighting intensity. Staff proposes to include a minimum average of 10 foot candles of lighting intensity throughout the entire parking lot. Attached to the Executive Summary is a Lighting Standards for Concordia University that illustrates typical lighting intensities for different building uses. 10 foot candles is the recommended intensity for security lighting at exterior doorways. The CUP is scheduled to be reviewed by the City Council at the August 18 meeting. The proper lighting level for the exterior of the building and the parking lot will be determined during that review. 2 Additional Business Licenses for Similar Businesses Staff believes that there are similar entertainment businesses that are not dance clubs that may have many of the same issues and should be regulated. Two such businesses would be arcade parlors or billiard halls without liquor licenses. Staff has prepared the Business License Ordinances that regulate these activities similar to dance clubs. Proposed Business License The following summarizes the remaining ordinance regulations. Other components of the ordinance deal more with the application and background check process, license issuance and the potential for revocation. The follow text describes the issues that staff has addressed within the Arcade Parlor, Billiard Hall, and Dance Club Ordinance. When reading this section of text, the issues are identified by the text that is underlined and sample or proposed Ordinance language is in italics. The text in standard font is background information prepared by staff to describe why these issues are proposed to be regulated. Definition The definition of an arcade parlor, billiard hall, and dance club are provided below. It also includes language of activities that are not subject to these regulations, such as bars that are covered by liquor licenses, private function such as wedding receptions or graduation parties, or events sponsored and operated by government, educational, or certain nonprofit organizations. ARCADE PARLOR: Commercial premises which are open to the public and have three (3) or more electric or electronic machines (e.g., pinball, video games) which provids amusement, enjoyment, or entertainment and which may be operated upon the insertion of a coin or token. This term shall not include juke boxes, children's mechanical rides (e.g., horses, rocket ships), or machines that sell merchandise. BILLIARD .TAR D HALL,- Commercial premises which are open to the public and have three (3) or more pool tables or billiard tables, or combination thereof, regardless of size, and whether activated manually or by the insertion of a coin, token, or other mechanical device. DANCE CLUB: Commercial premises which are open to the public and a primary function of which is to offer patrons an opportuni to engage in social activities such as dancing, or the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or other performers As an incidental function, a dance club may sell and serve food and beverages (excluding alcoholic beverages) orpmvided other forms of entertainment such as billiard tables, dart boards, or arcade games to its patrons. The term `arcade parlor" "billiard hall or "dance dub" does not include the following Premises which serve alcoholic beverages as defined by State and local laws; theaters where the patrons sit in parallel rows of fixed seats; full service restaurants where the only entertainment consists of background music which is incidental to the primary function of searing food; outdoor performances; a banquet, party or celebration conducted for invited guests which is not open to the public; dances or events sponsored and operated by agovernmental entity, an educational institution, or nonprofit religious, charitable, benevolent or fraternal organization. Background Checks Background checks proposed are similar to those required for a liquor license. Club owners and managers would be required to have background checks conducted. At the July 7 Work Session, a Councilmember Bills asked if all employees of a dance club would have a background check. The prepared Ordinance only requires background checks for owners 3 and managers, but State Statue 299C.61 -64 allows the City to require a background check for all employees of an establishment that fit the definition of a children's service provider, which is an establishment that caters to children seventeen (17) years or younger. If the Council desired all employees of these establishments to have a background check, please provide that direction during the first reading and staff would consider if additional costs should be added to the fee schedule to cover the cost of additional background checks. Lighting Levels Lighting is intended to be regulated to ensure that sufficient lighting is provided so that the security staff can monitor the activities occurring at the club. At the July 7 Work Session there was discussion if 10 foot candles is the proper illumination for a dance club. Staff researched this information and found a document from Concordia University, Canada which shows the expected light levels for different types of general building uses. Staff recommends setting a minimum lighting standard of 5 foot candles, which is the appropriate lighting level for simple orientation, interior parking areas, or exterior walkways. It shall be the obligation of the licensee to provide proper and adequate illumination of all portions of the club premises which are available for public use. Such illumination shall be not less than 5 foot-candles at floor level at all times when the premises are open to the public or when any member of the public is permitted to enter and remain on the premises. Hours of Operation The hours of operation of the businesses covered within this Ordinance are proposed to be regulated to lessen the impact of these businesses (including parking, noise, and density of occupation) on the surrounding businesses. The proposed hours of operation are: Arcade Parlors: 10 a.m. to 10 p.m. Billiard Halls: 2 p.m. to 2 a.m. Dance Clubs: 6 p.m. to 2 a.m. Site Security Security is staff's most important concern. Proper staffing and security can discourage improper activities from occurring at the club and reduce the impact that the club could have on the police department of the City. Improper security can attract individuals who are interested in engaging in improper or illegal activities and could require disproportionate attention from the City's police department limiting their ability to respond elsewhere. Security needs may vary from establishment to establishment, even if they have the same floor space. Different layouts may require different security plans. Solaris is designed to have four different sections of the club requiring a security guard to watch each section, while a club that was laid out with an open floor plan serving as one large space may not require as many security personnel. Conversely, a very small space with many alcoves or a multiple floor space may require more security personnel that Solaris has proposed. To provide the City flexibility to determine the appropriate level of security, staff has provided the following text. The security plan, including security staff and surveillance system, shall be reviewed, mode4 and approved by the City Council as necessary to protect the health, safety, or public welfare. 4 Age of Attendees Dance clubs, such as Solaris, are intended for residents who are under the drinking age and as such, there is an interest to prevent the mixing of people who are under drinking age with individuals who are over the drinking age. Conversely, there is also a need to limit how young people are who attend the club. Similar regulations are proposed for arcade parlors and billiard halls. Age Restrictions: 1. Arcade Parlors: Persons under thirteen (13)years of age shall not be permitted to enter or remain the premises unless accompanied by a parent or legal guardian. 2. Billiard Halls: Persons under sixteen (16)years of age shall not be permitted to enter or remain the premises unless accompanied by a parent or legal guardian. 3. Dance Clubs: Persons of the following ages shall not be permitted to enter or remain on the premises: a. Under sixteen (16)years of age. b. Twenty -one (21) years of age or older except for bona fide employees or entertainers hired by the licensee to work at the dance club, city employees as described in B of this subsection, or the temporary admittance of parents or legal guardians to retrieve their children. Identification Required: 1. Arcade Parlors: The licensee, his employee or agent, shall require prospective patrons to produce and permit to be examined a school identification, current driver's license or nonqualcation certificate issued by the state department of public saf y before the patrons shall participate in any activities on the premises In the case of a foreign national, a valid pastport may be used as an alternative to the foregoing methods of identification. 2. Billiard Halls and Dance Clubs: The licensee, his employee or agent, shall require prospective patrons to produce and permit to be examined a current driver's license or nonqualification certificate issued by the state department of public safety before the patrons shall participate in any activities on the premises In the case of a foreign national, a valid pas.port may be used as an alternative to the foregoing methods of identification. Misrepresenting Age: No minor shall misrepresent his age for the pu of entering a billiard hall or dance club, nor shall he or she enter any premises licensed for a billiard hall or dance club. Prohibition of Alcohol. Illegal, and Illicit Activity Several regulations are proposed within the Ordinance to clearly state what activities are not acceptable with these establishments, that it is the responsibility of the owner and manager to prevent these activities from occurring, and that the business license could be revoked if the establishment does not prohibit these activities from occurring. The conditions generally regulated alcohol, controlled substances, nudity, and sexual activity. The conditions are listed with Ordinance Sections 3 -1 -9: Conditions of License Occupancy It is important for the safety of the club attendees that the occupancy is limited to a reasonable number of people. The Ordinance addresses the occupancy of a dance club through the Building and Fire Codes, as well as through the parking provided for the building in which the club occupies. The occupancy of a dance dub shall be limited to that determined by the Building Code, Fire Code, and other applicable City Codes. The occupancy of a dance dub shall be limited to three (3) occupants per one (1) off street parking space provided for the building or such off street parking spaces within 350 feet of the entrance of the dance dub that the dance club operator has written permission to use. 5 Special Conditions During the annual review of the license, it may be important for additional conditions to be added to the license as new issues arise that may need to be addressed. Language from the City's Liquor License Ordinance has been added to this Ordinance. At the time a license renewal is issued, the city may attach special conditions to the license to protect the welfare of the community. Violation of any of the conditions shall be grounds for revocation of the license. License Revocation The Ordinance includes language similar to the City's Liquor License Ordinance that the City Council can review the business license if violations of the conditions of the license occur. The City Council would have the ability to sanction or fine the establishment or to revoke the business license if the Council deems the violations are severe enough. Fee Schedule City Staff is recommending that the fee for a business license is set at the same fee as a business that has a 3.2% malt beverage liquor license, which is $800. Staff anticipates that the staff resources to process and monitor this license would be similar to that of restaurant that would have a 3.2% license. Additionally, staff has proposed that the amendment fee for a license would be the same as that for a liquor license, $175. Staff proposes to add one additional fee for the initial investigation. The initial investigation and background check of owners and managers is intense and time consuming, while the subsequent investigations during the annual reviews are substantially less work. Staff proposes an additional initial investigation fee of $500, while there would not be any additional fee for renewal and all staff cost would be included within the overall license fee. Additionally, staff is considering revising the Liquor License Ordinance to remove the investigation fee language from the Ordinance itself and using the same initial investigation fee within the fee schedule. Annual Arcade Parlor, Billiard Hall or Dance Club License $800 Amendment to the Arcade Parlor, Billiard Hall or Dance Club License $175 Initial Application Investigation Fee $500 Renewal Application Investigation Fee None' Included within the annualApplication License Fee RECOMMENDATION Staff recommends that the City Council conduct the first reading of the Ordinance, recommend any changes needed to the Ordinance, and schedule the second reading of the Ordinance for August 3, 2009. 6 AGENDA ITEM: Business License for Dance Clubs AGENDA SECTION: Discussion PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. ATTACHMENTS: DeKalb, IL Teen Club Ordinance; Solaris Nightclub and Lounge Narratives APPROVED BY: RECOMMENDED ACTION: Discussion Only 4 ROSEMOUNT CITY COUNCIL City Council Worksession Date: July 7, 2009 EXECUTIVE SUMMARY BACKGROUND The City has received an application for a dance club in the former Big Daddy's and Irish Loon spaces. The dance club would be alcohol free and be exclusive to 16 to 20 year olds. This use would require a Conditional Use Permit (CUP) in the C2 Downtown Commercial zoning district. Upon reviewing the application, staff has determined a number of issues that should be regulated but that many of these issues are not land use related and should not be regulated in a CUP. Staff would like to discuss the issues regarding a dance club as proposed and recommend developing a Dance Club Business License within the City Code to regulate the issues that should not be addressed within a CUP. DISCUSSION Conditional Use Permit and Business License Staff is considering conditions for the Solaris Nightclub and Lounge including requiring the security and staff as proposed and limiting the hours and days of operations to those proposed. Additional conditions considered include allowing parents and guardians to enter the establishment to monitor and retrieve their children, allowing for police and authorized city staff to enter the establishment at any time that the nightclub is open, allow the police to review and copy security records at their request, and a provision that the CUP can be reviewed and possibly revoked by the City Council if an excessive amount of assault, disturbance, or alcohol related calls are received at the nightclub. Upon discussing these conditions with the Police Chief and City Attorney, there is a belief that many of these conditions are not land use related but would be better addressed through an Ordinance requiring a business license for dance clubs, billiard halls, arcades or other indoor entertainment establishments similar to a liquor license for bars. Further, a CUP runs with the property, entitling land owners and future owners to the permit. Due to its tie to land use, it is also more difficult to amend than a business license and more difficult to revoke should operational problems occur. A business license allows for annual reviews, or some other time period deemed appropriate, and changes in the ordinance are applicable to the licensee, whereas a CUP grandfathers in the conditions at the time of issuance. A CUP is a land use regulation which is generally used to regulate a broad type of similar uses, such as downtown commercial uses. Within these broad categories, the Zoning Ordinance treats these similar uses the same. A business license addresses a specific business type that has specific impacts that are unique from other general businesses. The City has several existing business types that require business Issues to Regulate Conditional Use Permit (CUP) Business License Building Layout Regulated to protect the health and safety of occupants, as well as to ensure community aesthetics standards are meet. Not normally a business license issue. Parking and Traffic Regulated so sufficient parking is provided and does not negatively impact the street network or neighboring uses. Not normally a business license issue. Noise Levels Regulated to limit the impact onto neighboring uses. Can be used to address unique business impacts. Commercial Uses Treats broad categories of businesses the same. Addresses specific businesses and their unique characteristics. Hours or Days of Operation Not normally a land use issue within the same zoning district. Can be used to address unique business impacts. Security Plan Not normally a land use issue within the same zoning district. Can be used to address unique business impacts. Limiting Attendances Not normally a land use issue within the same zoning district. Can be used to address unique business impacts. Police Calls Not normally a land use issue within the same zoning district. Can be used to address unique business impacts. License Revocation CUP runs with the land. Revocation does not impact the underlying land use or zoning. Ordinance Revision CUP are grandfathered with the original conditions (i.e. continue to operate as is) Operation must change to meet revised Business License Ordinance regulation. licenses, including liquor establishments, massage therapy establishments, pawn shops, adult use establishments, among others. Staff is proposing to develop a business license that would regulate entertainment establishments, such as dance clubs, billiard halls, arcade parlors, but not regulate recreational establishments, such as The Pond ice rink. Below is a table showing the different types of issues that would be addressed through each permit. Staff is proposing that Solaris apply for and receive both a CUP and a business license. The CUP will address the proper land uses regulations of the dance club and the business license will address the other issues, such as hours of operation, security, and revocation procedures. Solaris Nightclub and Lounge To provide an example of how a dance club might operate the following information is regarding the proposed dance club that the Planning Commission is currently reviewing a CUP. Skylar Rekstad has requested a CUP to establish a 4,200 square foot dance club named Solaris Nightclub and Lounge in the former Irish Loon and Big Daddy spaces of the Loch -Blake building. The walls between the former Irish Loon and Big Daddy's will be removed and the space will be renovated to have a kitchen /bar /restroom space in the middle of the nightclub roughly dividing the space into four different sections. A DJ booth and dance floor are proposed south of the bar, a restaurant seating area to west of the bar, a lounge space to north of the bar, and a pool /game room to the east of the bar. The dance club is proposed to operate from 8 pm to 2 am on Thursdays, Fridays, Saturdays, and Sundays. A dance club would most appropriately be defined as an indoor recreation land use requiring a CUP within the C -2: Downtown Commercial zoning district. The nightclub is proposed to serve 16 to 20 year olds only to prevent mixing of teens with people of drinking age. Rosemount, like most of the neighboring communities, has an 11 p.m. curfew for 16 and 17 year olds Sunday through Thursday and a Midnight curfew on Fridays and Saturdays. To address this issue, the nightclub is proposing to have two different color wristbands for patrons, one color for 16 and 17 years and another color for 18 to 20 years. The Solaris narrative states that at 11:45 pm, the nightclub will notify all 16 and 17 years to leave the establishment so that they may arrive home before the midnight curfew. It should be noted that the Solaris narrative is incorrect about the midnight curfew: the City's curfew of individuals under 18 is 11 pm. The permit condition for Solaris would require Solaris to notify 16 and 17 years at 10:45 pm on Thursday and Sundays so that they will need to leave the club and can arrive home by the 11 p.m. curfew. To provide security, the nightclub will employ a combination of infrared security cameras and staffing. Three cameras are planned in the parking lot (one facing the parking lot from the main entrance and one each facing the entrances to the parking lot) and four within the nightclub (one in each corner). The staffing proposed is one security guard monitoring the parking lot, one security guard working the door and checking IDs with a host /hostess passing out wristbands and taking entry fees. Inside the nightclub there will be four security guards each working one quarter of the space, two bar /restaurant staff, two bathroom attendants to monitor the activity in each bathroom, and one manager. This is a total of twelve (12) employees working at all times each night. Proposed Dance Club Business License The follow text describes the issues that staff believes needs to be addressed within a Dance Club Ordinance. When reading this section of text, the issues are identified by the text that is underlined and sample or proposed Ordinance language is in italics. The text in standard font is background information prepared by staff to describe why these issues are proposed to be regulated. Definition The definition of a dance club is needed to identify that it relates only to businesses that their primary function is for individuals to gather and dance. It also includes language of activities that are not subject to these regulations, such as bars that covered by liquor licenses, private function such as wedding receptions or graduation parties, or events sponsored and operated by government, educational, or certain nonprofit organizations. The following language has been paraphrased from the DeKalb, IL Ordinance regulating teen clubs. Dance Club: Commercial premires which are open to the public and a primary function of which is to offer patrons an opportunity to engage in social activities such as dancing, or the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or otherperformerr. As an incidental function, a dance club may sell and serve food and beverages (excluding alcoholic beverages) or provided other forms of entertainment such as billiard tables, dart boards, or arcade games to its patrons The term "dance club" does not include the following Premises which serve alcoholic beverages as defined by State and local laws; theaters where the patrons sit in parallel rows of fixed seats; full service restaurants where the only entertainment consists of background music which is incidental to the primary function of serving food; outdoor performances; a banquet, party or celebration conducted for invited guests which is not open to the public; dances or events sponsored and operated by agovernmental entity, an educational institution, or nonprofit religious, charitable, benevolent or fraternal organization. 3 Background Checks Background checks would be similar to those required for a liquor license. The following language has been apprievated (to save space) from the City's Liquor License Ordinance. The full language from the City Code would be included in the Business License Ordinance A. General: In addition to the information which may be required by the forms of the commission of public safety, the application for any type of license to be issued under this chapter shall contain information required by this section. B. Nature Of Application: The application shall show whether the applicant is a natural person, corporation, partnership or other firm or organization. 1. Natural Person: If the applicant is a natural person, the following information shall be required: 2. Partnership: If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in subsection B1 of this Section. 3. Corporation: If the applicant is a corporation or other association and is applying for an on -sale license, the following information shall be required:. 4. Club: If an application is submitted by a club, the following information shall be submitted in addition to that required by the Commissioner of Public Safety and by the prior subsections hereof C. Type: The application shall state the t of license the applicant seeks. D. Description Of Premises: E. Financial And Interest Criteria: F. References: The names, residences and business addresses of three (3) person. G. Plans Of Premises:: H. Taxes: I. Description Of Proposed Business: J. Other Information Required Such other information as the City Council shall require. Lighting Levels Lighting is intended to be regulated to ensure that sufficient lighting provided so that the security staff can monitor the activities occurring at the club. Noise will be regulated either by the existing Ordinance regarding noise levels or within the CUP to ensure that neighboring properties or residents within the public right -of -way are not adversely affected by excessive noise coming from the dance club. The following language is from the DeKaib, IL Ordinance. It shall be the obligation of the licensee to provide pmper and adequate illumination of all portions of the dub premises which are available for public use. Such illumination shall be not less than 10 foot candles at floor level at all times when the premises are open to the public or when any member of the public is permitted to enter and remain on the premise.. Hours and Days of Operation The City Council should consider what hours a dance club may be allowed to operate. It should be noted that the Solaris Nightclub and Lounge is not proposed to be a club that would provide a place for teens to hang out at after school, such as the function that The Garage serves in Burnsville. The following language is paraphrased from the DeKalb, IL Ordinance. Dance Clubs shall be operated only between the following hours: 6:00 p.m. Monday 1:00 a.m. Tuesday 6 ::00 p.m. Tuesday 1:00 a.m. Wednesday 6.00 p.m. Wednesday 1:00 a.m. Thursday 6:00 p.m. Thursday 1:00 a.m. Friday 6:00 p.m. Friday 2:00 a.m. Saturday 6.00 p.m. Saturday 2:00 a.m. Sunday 6 ::00 p.m. Sunday 1:00 a.m. Monday 4 The City Council may choose to have an Ordinance that does not specifically have hours within the Ordinance but instead have a provision that would allow the City to determine the best hours on a case by case basis. This would be useful if there was a dance club that would be proposed that would serve more as a place for teens to gather and be engaged similar to The Garage. The following text has been prepared to provide that alternative. Dance Club hours and days of operation may be limited as determined necessary by the City Council to limit the nuisances experienced by the neighboring properties or to protect the health, safety, or public welfare. Site Security Security is staff's most important concern. Proper staffing and security can discourage improper activities from occurring at the club and reduce the impact that the club could have on the police department of the City. Improper security can attract individuals who are interested in engaging in improper or illegal activities and could require disproportionate attention from the City's police department limiting their ability to respond elsewhere. The following language is from the DeKalb, IL Ordinance. It shall be the obligation of the licensee to employ qualified supervisory personnel at a ratio of one such person for every twen y- five (25) patrons, who will be present on club premises during all operating hours to maintain peace and order and to ensure compliance with all applicable laws of the State and of the City. While the DeKaib Ordinance is intended to provide an adequate level of security (and it may well provide that level of security), it does not allow flexibility to address different layout that different businesses may have. Solaris is designed to have four different sections of the club requiring a security guard to watch each section, while a club that was laid out with an open floor plan serving as one large space may not require as many security personnel. Conversely, a very small space with many alcoves or a multiple floor space may require more security personnel that Solaris has proposed. To provide the City flexibility to determine the appropriate level of security, staff has provided the following text. The security plan, including security staff and surveillance ystem, shall be reviewed, modified, and approved by the City Council as necessary to protect the health, safety, or public we fare. Age of Attendees Dance clubs, such as Solaris, are intended for residents who are under the drinking age and as such, there is an interest to prevent the mixing of people who are under drinking age with individuals who are over the drinking age. Conversely, there is also a need to limit how young people are who attend the club. It may not be proper for individuals who are 15 or under to be mingling with individuals as old as 20. The following language is paraphrased from the DeKalb, IL Ordinance. Persons of the following ages shall not be permitted to enter or remain on the premises of a Dance Club: A. Under the age of sixteen (16) years b. Twenty -one (21)years of age or older except for bona fide employees or entertainers hired by the licensee to work in the club, or a parent or guardian of a person believed to be present in the dub, or a police officer, building inspector or any properly designated officer or employee of the city. It is the responsibility of the licensee to require picture identification or a reasonable equivalent showing the age of each person admitted to the dance club. It is unlawful for any person to knowing allow a person to enter or remain on the premises of the dance dub in violation of the age restrictions of this Ordinance. It is unlawful for any person to misrepresent his or her age for the purpose of obtaining admission to, or remaining at, a dance club in violation of the provisions of this Ordinance. 5 Prohibition of Alcohol. Illegal, and Illicit Activity While illegal activities are prohibited regardless where they occur, it is important for a Dance Club Ordinance to clarify that it is the responsibility and duty of the club's owners and managers to actively prevent illegal and illicit activities from occurring at their club. The first four sections are paraphrased from the DeKalb, IL Ordinance. The section regarding nudity and sexual conduct is from the City's Liquor License Ordinance. The licensee and its agents shall not permit or allow alcoholic beverages or controlled substances to be consumed or be present on the dance club premises. It shall be the obligation of the licensee andl or manager to remove, or have removed, from the club premises any person who is, or appears to be, under the influence of or affected by the use of alcohol or drugs, or whose conduct poses a physical danger to the safety of others present. It shall be the obligation of the licensee to prevent loitering, and or the creation of public nuisances or disturbances of the peace by any patrons of the dance club on club premises or in the immediate vicinity. "Loitering" shall not include walking between the club building and a patron's vehicle, nor shall it include the act of waiting in line to gain admission to the club. It shall be the obligation of the licensee to dean up all litter resulting from club operations. The cleanup shall occur within four (4) hours after the end of each day's operation. Nudity and Sexual Conduct Prohibited: No license shall be held at any premises where nudity or sexual acts or conduct are permitted to occur. 1. For the purposes of this subsection "nudity" and "sexual conduct" are defined as follows: NUDITY: The showing of the postpubertal human male or female genitals pubic area or buttocks with less than a fully opaque covering or the showing of po4ubertal female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For the purposes of this definition, the fimale breast is considered uncovered if the nipple only or the nipple and the areola are covered SEXUAL CONDUCT: Acts or simulated acts of masturbation, sexual intercourse, sodomy, bestiality, oral copulation, flagellation, sadomasochistic abuse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. 2. The following acts or conduct in a premises which has been issued a license are contrary to the public welfare and, therefore, in order to preserve order and protect the public welfare, no license issued under this chapter shall be held at any premises where such conduct or acts are permitted to occur: a. The licensee, owner or manager of any licensed establishment permitting or allowing any live nudity to occur on the licensed premises. b. The licensee, owner or manager of any licensed establishment permitting or allowing any live sexual conduct to occur in the licensed establishment. 3. The city council may suspend or revoke or refuse to issue a license for violation of this subsection upon a finding that the licensee has failed to comply with this subsection. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. Occupancy It is important for the safety of the club attendees that the occupancy is limited to a reasonable number of people. The following language is from the DeKalb, IL Ordinance. Also note that the language includes a requirement for a seating, which the Solaris proposal would not meet. All dance dubs shall have an occupancy limit established by providing a minimum of ten (10) square feet of space perperson. All dance clubs shall provide seating for fifty percent (50 of the maximum occupancy. No license shall be issued until the applicant has complied with this provision. 6 The DeKalb Ordinance would create a higher occupancy than the Building Official has determined based on the Solaris proposal. The following language has been prepared by staff to address the occupancy of a dance club through the Building and Fire Codes. The occupancy of a dance club shall be limited to that determined by the Building Code, Fire Code, and other applicable City Codes. Additionally, if the City wished to limit the occupancy based on the parking available for the dance club and the following language has been prepared by staff. This language could also be placed into the CUP instead of the business license. The occupancy of a dance club shall be limited to three (3) occupants per one (1) off street parking space prnuided for the building or such off street parking spaces within 350 feet of the entrance of the dance club that the dance club operator has written permission to use. Police Calls City staff needs to have access to the club during business hours to ensure that the club regulations are being followed. The following language is from the City's Liquor License Ordinance. Any police officer, building inspector or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of any licensee hereunder during the business hours without a warrant. Additionally, staff has prepared the following text to require the dance club to provide any security camera tapes or other security information to the City if there is an investigation of any activities that occurred at the club. The dub shall provide access and copies of their security system data in a timely manner to assist the City's Police Department in any investigation of activities that may have occurred in the dub. It is also important for the City to be able to review the dance club's license if it is requiring a disproportionate amount of police calls. Staff does not believe that all police calls may be caused by the underperformance of the club's security (such as the theft of someone's cell phone while they are at the club), but there are other calls that would be directly related to failures of the club's personnel such as assaults, disturbances, or alcohol violations. The following language has been prepared by staff to allow the City to review and possibly revoke the dub license if a disproportionate amount of police calls are received about the club. The City Council may review the business license and consider sanction or license avocation if them are three (3) or more police calls to the dance dub concerning assaults, disturbances, or alcohol violations within any twelve (12) month period. Special Conditions During the periodic (annual or other as deemed necessary) review of the license, it may be important for additional conditions to be added to the license as new issues arise that may need to be addressed. The following language is from the City's Liquor License Ordinance that allows additional conditions to be placed on the license. At the time a license renewal is issued, the city may attach special conditions to the license to protect the welfare of the community. Violation of any of the conditions shall be grounds for revocation of the license. License Revocation It is important that the City be able to review and possible sanction or revoke a license if the club is violating the Ordinance or conditions within the license. The following language is from the City's 7 Liquor License Ordinance. The council shall suspend a license for a period not to exceed sixty (60) days, revoke a license, impose a civil fine not to exceed two thousand dollars (12,000.00) or impose any combination of these sanctions for each violation on a finding that the licensee has committed a violation of any of the following.• A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the city council. B. Violation of any special conditions under which the license was granted. C. Violation of any provision of this chapter. D. Creation of a nuisance on the premises or in the surrounding area. E. Violation of any state or federal law regulating the sale of intoxicating liquor or controlled substances. In the event of a revocation of a license, the licensee must reapply for a license and meet the requirements for a license under this chapter. In the event that a fine imposed pursuant to this section is not paid within fifteen (1 S) days of its imposition by the council, the license shall be suspended until the fine is paid. Revocation or suspension of a license by the council shall be preceded by a public hearing conducted in accordance with Minnesota Statutes, Chapter 14. The city council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. Additional Business Licenses for Similar Businesses Staff believes that there are similar entertainment businesses that are not dance clubs that may have many of the same issues and should be regulated. Two such businesses would be arcade parlors or billiard halls without liquor licenses. Staff anticipates preparing Ordinances that regulate these activities at the same time as the Dance Club Ordinance is prepared. Proposed Timeline Skylar Rekstad submitted an incomplete application May 6, 2009 Staff informed Mr. Rekstad the application is incomplete May 13, 2009 Mr. Rekstad provided information to complete the application May 19, 2009 Planning Commission Public Hearing (Continued to 07/28/2009) June 9, 2009 Letter was sent to Mr. Rekstad to extend the review period to 120 days June 23, 2009 City Council Work Session regarding business license ordinance July 7, 2009 First Reading of the Business License Ordinance (City Council) July 21, 2009 Planning Commission Public Hearing and CUP recommendation July 28, 2009 Second Reading of the Business License Ordinance (City Council) August 4, 2009 City Council review of CUP and business license for Solaris August 18, 2009 End of the 120 day Review Period September 19, 2009 RECOMMENDATION Provide direction regarding the issues covered within the Dance Club Business License. Staff recommends that the City Council schedule the first reading of the Dance Club Business License for the July 21, 2009 City Council meeting. 8 Excerpt from the DRAFT minutes of the July 21, 2009 Regular City Council Meeting NEW BUSINESS 9.a. First Reading of the Arcade Parlor, Billiard Hall, and Dance Club Business License Ordinance Senior Planner Zweber stated that the City received an application for a dance club in the former Big Daddy's and Irish Loon spaces in Downtown Rosemount. He provided a summary of the information provided in the staff report. He requested that the City Council hold a first reading of the ordinance, recommend any changes to the ordinance, and schedule a second reading for August 3, 2009. Council Member Bills questioned the background checks. Police Chief Kalstabakken explained the factors for determining the fee for the background checks. He also stated that Minnesota Statute allows the employer to have the employees meet submit to a background check conducted by the state. Mr. Kalstabakken added that the City Council could require that as part of the ordinance the business participate in that program. Mayor Droste questioned the recommendation of Mr. Kalstabakken Mr. Kalstabakken replied that because the nature of the business would be caring to teenage groups he believed it would be good practice to include the background check requirement. Council Member Weisensel questioned the places ineligible for a license based upon the distance from schools and churches. Mr. Zweber explained that it was a carry over from the liquor ordinance requirements. Staff determined the distance requirement was necessary based upon the type of business that would be regulated. Council Member Weisensel expressed concern with the lighting requirements and limitations to light shows. Mr. Zweber explained that it was staff's intent that enough lighting would be required so that the security staff could recognize faces and activities in a crowd. He added that staff did not want to be too ambiguous that the requirement would not be enforceable. Discussion was also held regarding the exterior lighting. Mr. Zweber stated that the outdoor lighting issues are related to the land use and could be addressed in the CUP conditions. Council Member Shoe Corrigan questioned the parking requirements. Mr. Zweber stated that staff considered the standards in City ordinance for restaurants and retail spaces. He added that the reason for including parking in this ordinance was to limit how many occupants an establishment can have based upon the amount of parking spaces available. Mayor Droste allowed for 10 minutes of public comment. Sue Dugan, a Rosemount resident, referred to a Star Tribune article. She was concerned about the amount of underage drinking that occurs with the 18 and over dance clubs. She was against the dance club and believed it would cause more problems than good in a community. Tim Judy, 15621 Cornell Trail, Rosemount, understood the previous concerns but stated with the correct security patrons can be turned away. He compared it to any entertainment in the City where teenagers attend. Skylar Rekstad was concerned about police call provision that was included in the ordinance. His intent is not to bring trouble into the community or create a place that is not safe. Mr. Rekstad requested that the City Council and staff and take a look at other areas where there is police calls are generated such as schools and gas stations where kids are located. He was concerned that three calls was not a fair number. Kathy Klonecky, 15621 Cornell Trail, Rosemount, questioned the $175 fee to change the licenses and expressed concern about the start -up and background fees. She stated that noise in the Downtown was not an issue for her as there is music by the high school as well. Mr. Kalstabakken explained that call that counts as a strike against a business would mean that an activity occurred which caused the Police Department to issue a report. He added that the reputation of the business will develop quickly and if standards are set high to begin with and that should curtail any future problems. He provided comparable police call information and they types of calls received. City Attorney LeFevere did not view the provision as only three calls were allowed. The City Council would review the license and would need to have grounds to revoke the license. He further explained how a license could be revoked. Council Member Bills was concerned about a transfer of ownership after a number of violations have been issued. Mr. LeFevere explained the application and change is ownership process. Council Member Shoe Corrigan stated that the license costs are not profit making devices for the City. Mr. Kalstabakken stated that staff time for the initial background along with the cost to monitor and administer the license are considered when determining the fee. Mayor Droste stated that modifications to the lighting standards will be addressed at the second reading on August 3. Mr. Zweber clarified that the City Council direction was to have employers complete background investigation on future employees. The City Council favored having the additional background check as a requirement. Motion by DeBettignies. Second by WeisenseI. Motion to hold the first reading of the ordinance and schedule the second reading of the Ordinance for August 3, 2009. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. EXCERPT FROM MINUTES SPECIAL CITY COUNCIL WORK SESSION MEETING JULY 7, 2009 2.B. Business License for Dance Clubs Chris Rekstad, Skylar Rekstad and Christy Rekstad were present at the meeting. Senior Planner Zweber requested the Council discuss the different issues of a business license and the specific details to be included in the draft ordinance. Definition: Mayor Droste asked if the definition of dance club is reserved only for minors. Mr. Zweber replied that age requirements are discussed later in the ordinance separate from the definition. However, he stated if the club also has a liquor license, then a dance club license would not be required because of regulations already imposed under the liquor license. A discussion took place on how to regulate different age groups attending the club and their curfews with the use of wrist bands. Background Check: Council member Bills asked the applicant whether or not employees working at the club with minors will be•required to have background checks and the applicant replied that it is not required. Lighting: Mr. Zweber explained that there is a requirement proposed in the ordinance of a minimum level of lighting. Skylar Rekstad noted the importance of adequate lighting but requested the ability to be able to conduct a light show within the means of the lighting regulation. A discussion took place on the comparable night clubs in the metro area including the Stargate Nightclub in Maplewood; the Myth in Maplewood; and 3 Degrees in Minneapolis. Mayor Droste also mentioned the Garage in Burnsville is managed by their Parks and Recreation Department and is only open 3:00- 8:OOp.m. for kids to go to after school. Age of Attendees: Skylar Rekstad stated they will have a magnetic scanner that will scan IDs to validate the age of the attendee. They do not want to allow 21 year olds that may wander from the area bars. Hours and Days of Operation: Mr. Zweber asked the Council if 2:00a.m. is a reasonable time for a dance club establishment to stay open and mentioned that not all businesses in the area that have liquor licenses have the special 2:00a.m. license. Council member Bills replied that by 2:00a.m., the 16 -17 year olds will be gone and the remaining 18 -20 year olds are old enough to serve in the military; therefore he would be in favor of 2:00a.m. Christy Rekstad stated they would like the flexibility to stay open later on special holidays. Mr. Zweber stated it may be possible to set up a special permit they could apply for in order to stay open later or open earlier on special days. A discussion took place on how it would affect the other businesses sharing the parking lot if the nightclub was allowed to open earlier in the day. Council member Weisensel stated he was in favor of the second alternative stating that days of operation may be limited as determined necessary by the City Council. Prohibition of Alcohol, Illegal and Illicit Activity: A discussion took place on the nudity and sexual activity clause and how it would be difficult to regulate the dance activity of teenagers. Skylar Rekstad stated that while he understands that parents may want to enter the premises to obtain their children, he stated there needs to be some way established to verify that the people are actually the parents of the children and not someone only posing as a parent. He feels there is a safety issue allowing just anyone to enter the club. It was suggested having the child paged over the intercom while the parent waits in the entry way, giving staff the ability to ask the child to identify the person asking for them. Security: Mr. Zweber explained that the example of 1 security person to 25 attendees provided in the staff report is not what staff proposes. He stated that staff proposes leaving the number up to the discretion of the City Council when the license is issued based on other details of the business such as the layout of the business. Council member Weisensel stated there should be some overlaps in security provided. Police Calls: Mr. Zweber stated staff proposes an allowance of three police calls in a one year period concerning assault, disturbances or alcohol violations and then the City Council would have the opportunity to review the business license for possible revocation. Skylar Rekstad stated that he wants to fully cooperate with the City and police and would like to be able to report incidents of alcohol to the police himself without having the violation go against him He stated he feels three calls in a 12 month period is too low a number. Mr. Zweber clarified that this restriction does not require the Council to revoke the license but allows them to review the license to possibly work out solutions to cure any potential problems. Mr. Zweber stated the first reading of the draft ordinance will be at the City Council meeting on July 21, 2009, with a second reading in August. Council member DeBettignies stated his main concern with the Rekstad proposal is the lighting and security in the parking lot. Rosemount Mayor From: srekstad4 @gmail.com Sent: Tuesday, July 07, 2009 8:50 PM To: Rosemount Mayor Subject: Fw: Solaris Nightclub and Lounge Ordinance Proposal Sent via BlackBerry by AT &T From: srekstad4 @gmail.com Date: Wed, 8 Jul 2009 01:48:15 +0000 To: william .droste @ci.rosemount.mn.us> Subject: Fw: Solaris Nightclub and Lounge Ordinance Proposal Sent via BlackBerry by AT &T From: Skylar Rekstad Date: Tue, 7 Jul 2009 10:14:29 -0500 To: <kurt.bills @ci.rosemount.mn.us>; mark. debettignies @ci.rosemount.mn.us>; <kim.shoe- corrigan@ci.rosemount.mn.us>; Jeff .weisensel @ci.rosemount.mn.us>; william .droste @ci.rosemount.mn.us> Subject: Solaris Nightclub and Lounge Ordinance Proposal July 7, 2009 Rosemount City Council RE: Solaris Nightclub and Lounge Page 1 of 3 Dear Council, Today the City of Rosemount will be submitting a proposal for the city council to adopt an ordinance that would regulate Teen Nightclubs or centers. I am writing to ask you to not adopt this ordinance Here is why I feel that this ordinance is unnecessary and is bad for business; 1: The ordinance was proposed in haste by city staff. Ordinances like these should be well thought out and studied to make sure they don't have other consequences on businesses. Also, if the council passes this ordinance, we as a city are sending a clear message to other potential businesses that the road to opening will not be smooth and that there may be several significant challenges along the way. I feel that this message is incorrect from the city and we should promote and encourage businesses to open in Rosemount. 2: The ordinance which city staff has proposed tonight has changed nothing in regards to my business proposal. If the ordinance is adopted it would lock in provisions on my business which could make it difficult to operate. Also, it takes control of several business aspects such as lighting, staff to capacity ratio, and hours of operation. This is a private business meant to make a profit. This means that we will compete with other businesses offering the same attraction. If we are stuck within certain 7/7/2009 7/7/2009 Page 2 of 3 parameters this could take away the ability to compete with other businesses which ultimately would mean the business is not a success. 3: City staff has proposed allowing parents or guardians into the club to both retrieve their children as well as monitor their activities. This has two major flaws; first, if parents are allowed into the club to retrieve their children this poses a major safety hazard. We check ID's of patrons as they enter the club but we do not document their names and information. This process would take too long and discourage business. We have no way of verifying that a parent or guardian is truly a parent or guardian and not a criminal looking to sexually assault or abduct a child. These are worst case scenarios that I have mentioned but they need to be considered as a potential reality which we need to be prepared for. Second, if parents are allowed to monitor their children, we will not have people in our club. 16 to 20 year olds do not want to be monitored by their parents. 18 to 20 year olds do not need to be monitored by their parents. This is meant to be a place for young adults to socialize and dance, not a place for their parents to follow them around. Solaris has proposed an extensive security system employing over 8 security staff and 10 infrared cameras. We are taking every possible step to ensure the safety of club goers, which means that there is not a need for parents to be there. 4: City staff has proposed a staff to capacity ratio of 1 security staff for every 25 persons who enter the club. I have over 10 years of experience working in high volume bars. One of which was Shenanigan's Pub where I worked for 8 years. We never had a staff to capacity ratio of 1 to 25 and we served intoxicating liquor. I think this is another provision that will not ensure the health and safety of anyone, rather it will put a provision on our business which will make it impossible to operate profitably or competitively. 5: In the ordinance proposal, city staff has recommended that the business license be revoked if there are a certain amount of alcohol, assaults or nuisances related calls to the police department. I understand the assault and nuisance clause. The city police department has a job to do and we cannot be a major distraction for them. I fully intend to operate our business with the most integrity possible which means that many of these incidents will never occur because we will not allow the opportunity for them. The alcohol provision is one that I have an issue with. If our business is discouraged from calling the police department for underage drinking violations because we will potentially lose our business license, this could cause major problems. Patrons may be asked to leave but not reported which could mean they would drive home, or they get a ride and they go somewhere else. The simple fact here is that we do not serve alcohol. We therefore cannot be held responsible for patrons that show up intoxicated. We have a security guard who monitors the parking lot for the specific reason of preventing underage alcohol consumption in the parking lot. We have another security guard who monitors all patrons before they enter the club looking for signs of impairment. We have another staff wristbanding individuals again looking for signs of impairment. Once patrons are inside the club they are closely monitored by our security staff. We have taken necessary measures to ensure that there are no "blind" spots where patrons could consume alcohol on the premises. We also have included bathroom attendants who will monitor activity in the bathroom to prevent drug and alcohol consumption. We feel that the city police department and Solaris should work together closely and cooperatively to prevent underage alcohol consumption. By having a "clause -free" relationship we will not be discouraged from turning in underage drinkers because we know that doing so will not cause us to lose our right to operate. I would like to close this letter by giving you a short background of myself. I moved to Rosemount with my parents in 1993. I was in 4 grade and I have lived here since. In the past 10 years I have been very involved with the community I played football for the senior high school where I was a stand out player and captain of our team. I take pride in this accolade because it shows that I have had leadership Page 3 of 3 skills for quite some time. In the more recent years I have operated a catering company which caters wedding receptions and events at the Rosemount Community Center. I have served intoxicating liquors there now for over three years and have had zero incidents. My wife and I recently opened Simply Massage in January of 2008. We now have over 12 employees and we have created a spectacular place for residents to come enjoy a day of relaxation and pampering. I have a solid track record of being a good citizen and contributing to our communities growth. I have the same intentions in mind for Solaris Nightclub and Lounge. I also have a 13 year old sister who will be old enough to enter this club in 2.5 years. I am very protective over my sister as many other brothers would be as well as many other parents also. I will not accept an environment that would put anyone's little sister or daughter or son in harms way. I plan to make this business fun and upbeat for young adults but also an environment that promotes good behavior. I ask that you seriously consider these provisions proposed by Eric Zweber and city staff and that you vote "NO" to this proposed ordinance Sincerely, Skylar Rekstad 651- 428 -2898 7/7/7009 4 ROSEMOUNT POLICE DEPARTMENT M E M O R A N D U M To: Eric Zweber, Senior Planner From: Gary Kalstabakken, Chief of Police Date: July 15, 2009 Subject: Business License Information There are several businesses in the metropolitan area that host dance nights which are targeted at the less than twenty-one age group. While these clubs are similar to the nightclub proposed in Rosemount they are also different because they are also liquor establishments. Liquor establishments have conditions and regulations that are similar to those being proposed through the Business License Ordinance. Below is a list of the venues that host dance nights. Aqua Minneapolis Spin Minneapolis Bar Fly Minneapolis Gay 90's Minneapolis Myth Maplewood Valentino's South Saint Paul Wabasha Caves Saint Paul Rodeo /Gold Rush (Closed) Cottage Grove I did contact the Maplewood Police Department and discussed the Myth Night Club's under 21 events. The events are held on a random basis but about once per month. Some of the nights are for 16 -20 year olds only while other nights are limited to 18 While there are not a tremendous amount of issues on teen nights, some problems do arise. Wrist bands for age differentiation On occasion some underage persons have either switched wrist bands or learned the proper wrist band color prior to entry to gain access to alcohol service or to stay past curfew. The wrist band system can be defeated as most any system can be. The mixing of a 16 to 20 year old crowd has resulted in the infrequent complaint of sexual assault or misconduct on the dance floor. On a crowded dance floor, males were grabbing /groping the younger girls present. While security cameras help to curtail the issue somewhat, it does not prevent the problem and does not regularly assist in identifying the suspect because of picture quality and lack of a name to identify the person in the video. While the teen nights have not presented significant problems, the staff I spoke with stated, "the problems that do exist would not occur in Maplewood if the club did not exist." 4 ROSEMOUNT POLICE DEPARTMENT M E M O R A N D U M Capacity of the nightclub originally was around 4000 but has been reduced to 3200 due to design changes but this is still is a much larger facility than the proposal in Rosemount. Billiard Hall I contacted the Oakdale Police Department and asked about issues at a billiard hall in their community. It does not have a liquor license and the Special Use Permit which it operates under does not really contain regulatory restrictions. Oakdale's billiard hall has operated since at least the early `90's. The problems at the business ebb and flow and cooperation by the owner(s) is vital to addressing problems. The owner has typically been responsive when recurring problems begin to escalate. Consideration for additional controls: Business should be required to provide their own security staff and have a security plan Hours of operation should be less than liquor establishments, otherwise, drunk /drinking patrons move from the bars to the pool hall for entertainment. Staff at the pool hall isn't equipped to deal with bar crowds. Exterior use is a concern. If neighboring businesses are open during hours of operation, particularly busy times, conflicts frequently occur. Congregating patrons to visit or smoke may cause discomfort amongst patrons of neighboring shops targeting other residents (gift shop, salon, etc.) Our setting with closed businesses during the proposed operating hours is a much better setting with the other current tenants of the building. But if the hours of operation or tenant mix changes the compatibility could quickly be altered. Overall, while problems exist at the billiard hall it is not considered a problem property. Solaris Nightclub and Lounge Solaris Night Club and Lounge will be the south metro's premier spot for 16 to 20 year olds to dance and lounge. The club will occupy the old Big Daddy's Diner space along with the Irish Loon Antique shop space. The total space of the club will consist of 6000 square feet. Some internal building enhancements will need to be made to make the area more open and more conducive to a club atmosphere. Currently there are a few select places in the State of Minnesota where 16 to 20 year olds are allowed to lounge and dance. The majority of these places are downtown Minneapolis and are often found in areas where large drinking establishments are also located and are not exclusive to 16 to 20 year olds. This raises concern for parents for several reasons. First, parents are uncomfortable with their children driving downtown because of the dangers that exist. There are crime ridden neighborhoods, the potential to get lost, etc... Parents would definitely see the advantage of having a dance club already located in the metro that their children could enjoy. Second, parents obviously do not want their underage children drinking alcohol. When you mix under age teenagers and young adults with drinking age young adults there becomes potential for many problems. Parents are aware of this and so are club operators as well as police. Many clubs have shut down in the past because they have done a poor job separating drinking age from underage and thus they have broken the law. Solaris Nightclub and Lounge will be exclusive to the 16 to 20 year old age group. There will be no alcohol served or kept on site and there will be no drinking age people allowed in the club. This feature will also give parents peace of mind. Solaris Nightclub and Lounge will be open from 8pm until 2am. The age spectrum of customers is a concern for the owners of Solaris and we have implemented a plan to handle the various curfew laws that apply. We understand the children under the age of 18 must abide by local and county curfew laws. All people entering Solaris will have their ID checked for proper age, and will be wrist banded accordingly. At 11:45, all underage wristbands will be asked to vacate the premises and make their way home. They will have 5 minutes to gather their things and exit for the evening. Also, security staff at Solaris will ensure that everyone who is left in the building is of age and legal to be there dancing until 2 a.m. In order for us to be a premier club we must be able to offer similar hours to competing clubs. We have two safe exits from our parking lot which club goers can exit and we feel that mixing them with bar goers should have little or no consequence. We will maintain a sober club at all times. If for some reason a customer were to show up intoxicated they will be detained and the police will be called. If we find that someone has become intoxicated from consuming hidden liquor or drugs while in our club we again will temporarily detain the customer and wait for the Rosemount Police Department to assist. In keeping with our safe and sober theme, the owners of Solaris Nightclub and Lounge have elected to install a state of the art camera surveillance system. We plan to have three infrared cameras in the parking lot. One camera will be wide panned which will view the entire parking lot. On each end of the building there will be an infrared camera that monitors incoming and exiting cars as they enter our parking lot. We feel that this coverage of the parking lot area is more than adequate and will deter vandals from attempting anything while at our business. We also feel that the combination of cameras will help authorities catch any vandals who commit crimes in our parking lot. Once customers enter our club they will immediately show their ID to a security staff at the door. A camera will be mounted directly overhead to monitor the checking of ID's. This will ensure that we know at all times, who, is coming into our club. Once in the club there will be 6 additional cameras monitoring all angles of the club. All of these cameras will be infrared which will enable us to see accurately what is taking place even in low lighting. As club owners, the security of our guests is our #1 priority, and we feel this surveillance system is a necessary tool in maintaining a safe environment. of °e these ce at a time This This digitally ll e us recorded to a DVR which will hold 2 months w for to recall events on certain dates well after they have occurred for investigational purposes enable es or o liability issues. In addition to our surveillance system, Solaris Nightclub and Lounge having same sex bathroom attendants to deter any consumption of drugs or alcohol while out of sight from our cameras. We feel that our combination of security measures will ensure a safe and sober atmosphere for everyone who attends. The owners of Solaris Nightclub and Lounge realize that young adults experiment with alcohol and drugs. We are also aware that in the past there have been clubs where this behavior has gone overlooked or tolerated. We would like to make it clear that this behavior, absolutely under no circumstances, will be tolerated. We anticipate that we may have some incidents early on in the first few months but we intend to prevent as many of these incidents as possible and set a precedent that anyone who is planning on attending a dance night at our club, should and will show up sober and not under the influence of any drugs or alcohol. We also believe that our strict enforcement will spread the word of our policies very fast. Solaris Nightclub and Lounge is selling an experience to young adults. We are offering a drinking age adults, premier place to dance without the hassles of gangs, downtown parking, dr to find things to do etc... We feel that there is a significant market of young adults who struggle with their time that don't involve leaving the area in pursuit of a good time. By offering a convenient location, state of the art atmosphere, and safe location we feel that we will quickly become the premier dance club in the South Metro. Our business plan fits our location very well. It is easy to find, within a half hour of most south metro communities, and works well with the surrounding businesses. During our hours of operation all other surrounding businesses will be closed. The Club House Day Care will be closed ll w a at Simply Massae will be at the at gt and they are closed at 9pm (before music starts). The orthodontist present one day a week at the Rosemount location. The First State Bank of Rosemount will be closed at 6pm. All of this leads us to nt and the Rosemount Police Rosemount and Department that is very fitting. We hope that the City of Solaris Nightclub and Lounge. will find this as well and we look forward to opening g MAY 7 2009 Solaris Executive Summary Amendment This amendment is to explain the staff arrangements that were not covered in executive summary Solaris will have minimum of 12 employees working at all times. The employees will be as follows; 1: Parking Lot Security Guard 2: Front Door Security 3: Front Door Hostess 4: There will be 4 (Posters) Security Guards posted in all 4 sections of the club. The concept here is that there is adequate security at all times monitoring the establishment. There will be no space not covered by security and all security should be within eye sight of each other. 5: There will be two workers behind the bar. Their primary job is to serve beverages and food, but they will also assist in security by observing patrons, and communicating with security personnel. 6: There will be two bathroom attendants, one female, and one male. There job will be to monitor the bathrooms so that there is no illegal activity taking place in the bathrooms. Our primary focus at Solaris Nightclub and Lounge is to provide a fun atmosphere for teens and young adults by offering a safe place to dance and lounge. We will provide a safe environment by taking the necessary steps immediately. These steps will include monitoring our parking lot for violence, drug consumption or illegal activity. Our dedicated security guard will make sweeps through the parking lot every 15 minutes to ensure that nothing is taking place. We will also have a front door security guard who will assist in checking the ages of all patrons as well as guiding them into the club. There will be a hostess at the front door to also verify age for a second time and wrist band accordingly. This will guarantee there is no way for underage teens to enter the club. Once in the club, patrons will see two wait staff behind the beverage also be They b a be in able to order food and drinks from these workers. These any security needs. In addition to the wait staff there will be 4 security guards who will be positioned in all 4 corners of the club. Their job is to maintain a safe environment. All security guards will be within eye site of each other and reachable on radios at all times. In addition to the security personnel, there will be two bathroom attendants who will ensure that the bathrooms are safe and there is no illegal activity taking place in the bathrooms. In closing, we feel that the precautions that we are taking will be more than adequate in keeping the club safe. We will strive to maintain an alcohol free, drug free, violence free establishment through our security and surveillance measures that are in place. Table 1 CATEGORY ILLUMINANCE LEVEL A Public Spaces 3 fc B Simple Orientation 5 fc C Workplaces where simple visual tasks are performed 1Ofc D Performance of visual task of high contrast and large size 30fc E Performance of visual tasks of high contrast and small size 50fc F Performance of visual tasks with low contrast and small size 100fc G Performance of visual tasks with extremely low contrast and small size 300- 1000fc Foot Candle Information for General Building Uses from the Liiihtinji Standards for Concordia University, Canada Illuminance Levels The Illuminating Engineering Society of North America (IESNA) has established illuminance categories. The categories are based on the amount of light required for the task and /or activity. This table may be useful in areas involving tasks where visual precision is paramount. The following table shows the lighting levels at Concordia University Ta&._ 2 Area Lumi ice level (horizontal plane) Exits Main Corridor Secondary Corridor Stairwells Tunnels two levels of lighting with motion detectors 20 foot candles 15 foot candles 10 foot candles 15 foot candles -High level 8 foot candles -Low level Classrooms: Chalk Board vertical 30 foot candles 50 foot candles (vertical) Library stacks 30 foot candles Library: Reading areas Cubicle with window Cubicle without window 30 foot candles 30 foot candles 30 foot candles Library circulation desk 30 foot candles Laboratory (Science) 50 foot candles Computer Lab (Design for Two Levels) 30 foot candles -High level 15 foot candles -Low level Offices: Reception Area Open Plan intensive computer use Open Plan intermittent computer use Private office 30 foot candles 30 foot candles 30 foot candles 30 foot candles Conference Rooms (dimmer to vary the level of lighting) 30 foot candles Washrooms: Stall Sink 10 foot candles 30 foot candles Storage Rooms 10 foot candles Loading Docks 25 foot candles Machine Shops 40 foot candles Electrical, Plumbing and Carpentry Shops 30 foot candles 50 foot candles (workbench) Mechanical/Electrical /Boiler Rooms 30 foot candles Cafeteria Kitchen Student Lounge Faculty Lounge (dimmer to vary the level of lighting) Cash Register 50 foot candles 30 foot candles 30 foot candles 30 foot candles Book Store: Display Area Cash Register 50 foot candles 30 foot candles Elevators 15 foot candles Parking Areas 5 foot candles (interior) 2 foot candles (exterior) Security Lights: Exterior Building Perimeter Walkways Entrance of Doorways 2 foot candles 5 foot candles 10 foot candles Sports Facilities: Exercise Room Arena (Design for Three Levels) Locker Room Studio /Gym (Design for Three Levels) Pool (Design for Two Levels) 30 foot candles 20 foot candles Low 50 foot candles Medium 100 foot candles High 20 foot candles 5 foot candles Low* (Meditation if required) 30 foot candles Medium 50 foot candles -High 20 foot candles -High 10 foot candles -Low Parking Lot Lighting Level at Recent Rosemount Developments Establishment Fairview Medical Clinic Kraus Anderson /Genz Ryan Celtic Crossing Intermediate School District #917 Apple Valley: Burnsville: Eagan: Exterior Parking Interior Parking Neighboring Communities Lighting Standards No minimum lighting requirement No minimum lighting requirement Minimum average of 1.5 Foot candles Minimum of 0.5 Foot candles in all area of the parking lot Minimum average of 2.0 Foot candles Minimum of 0.5 Foot candles in all area of the parking lot Inver Grove Heights No minimum lighting requirement Lakeville No minimum lighting requirement Average Parking Lot Lighting 4.3 Foot candles 3.5 Foot candles 1.1 Foot candles 1.0 Foot candles