HomeMy WebLinkAbout9.a. First Reading of the Archade Parlor, Billiard Hall, and Dance Club Business License OrdinanceAGENDA 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
AGE DA NO.
vi.a
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:
DP I
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 m my of these issues are not land use related and should not be regulated in a CUP. Staff
has preparL :d 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 disci) ssion 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 ite ins 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 c v .11s are received from the business.
The 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 PARIAH: Commercial premises which are open to the public and have three (3) or more electric or
electronic machines (e.g., pinball, video games) which provide 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 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 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
dub 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 "arcade parlor" "billiard hall" or "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 peformances; a banquet, party or celebration conducted for invited guests
which is not open to the public; dances or events sponsored and operated by a governmental entity, an educational
institution, or nonprofit religious, charitable, benevolent orfratemal organisation.
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 staffs 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, modified, 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 requite prospectivepatrons 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 validpassport may be used as an alternative to the foregoingmethods 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 safely before the patrons shall participate in any activities on the premises In the case of
a foreign national, a validpassport may be used as an alternative to the foregoing methods of identification.
Misrepresenting Age: No minor shall misrepresent his age for the purpose 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 club 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 club that the dance
dub 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 communi 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
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
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 which are open to the public and it's principal use is the
provision of electric or electronic machines (e.g., pinball, video games) which provide 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 HALL: Commercial premises which 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 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 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
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 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 which
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 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:
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 and is applying for an on -sale
license, 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 Commissioner of Public Safety and 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 a arcade parlor, billiard hall, or dance club 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 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 Chapter are complied with,
grant the application.
3- 2D -4 -3: 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 -4: 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 chapter.
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 chapter. The new operating officers shall be
subject to the investigation required by subsection 3 -2D -6A of this chapter.
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 chapter
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 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 unexpired fraction of a month being counted as one month. Every license shall expire as
provided in subsection 3- 2D -4 -2A of this Chapter.
D. Refunds: No refund of any fee shall be made except by subsection B of this Section.
E. Change Of Ow iership, 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 section 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 rounds and reasons for denial. If the license is
denied solely or 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 Chapter. No person shall
own an "interest as defined in this Chapter, in more than one establishment or business for which a
license has been granted in this City under this Chapter.
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 Chapter.
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 a dance club, 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 dance club 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 Section shall be considered.
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, which 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 coveting 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 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
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 chapter 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.
i. Under sixteen (16) years of age.
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:
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.
7. Identification Required:
a. Arcade Parlors: The licensee, his employee or agent, shall require prospective patrons
produce and permit to be examined a school identification, current driver's license or
nonqualification certificate issued by the state depatttnent 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, his employee or agent, shall require
propsective patrons 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 minor shall misrepresent his age for the purpose of entering a billiard hall
or dance club, nor shall he enter any premises licensed for a 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 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.
10. Nonemployees On Premises: The licensee shall not allow nonemployees or nonowners, except
those individuals listed in subsection B 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 his 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.
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, billiard 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;
or
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).
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 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, 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 chapter. No application for the same or substantially same license shall be made
within six (6) months of the date of denial. 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.
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 of this section 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 public hearing conducted in
accordance with Minnesota statutes, section 14.25. 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.
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.
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.
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
2
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 premices 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 other peormers. 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, pary or celebration conducted for invited guests which is not open to the public; dances or events
sponsored and operated by a governmental enti y, 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 type 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) persons
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 proper and adequate illumination of all portions of the club 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 premises
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 DeKaib, IL Ordinance.
It shall be the obligation of the licensee to employ qualified supervisory personnel at a ratio of one such person for every twenty
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 DeKalb 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 system, shall be reviewed, modified, and approved by the City
Council as necessary to protect the health, safety, or public welfare.
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 DeKa1b, IL Ordinance.
Persons of the follo2ving 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 club, 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 knowingly allow a person to enter or remain on the
premises of the dance club in violation of the age restrictions of this Ordinance.
It is unlawful for any person to misrepresent his or her age for the pu 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 promises.
It shall be the obligation of the licensee and 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 dub 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 Jimale 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 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 thh 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 per person.
All dance dubs 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 provided 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 club.
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 club 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 revocation if there are three (3) or more
police calls to the dance club 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 rip 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 ($2,000.00) 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
Staff informed Mr. Rekstad the application is incomplete
Mr. Rekstad provided information to complete the application
Planning Commission Public Hearing (Continued to 07/28/2009)
Letter was sent to Mr. Rekstad to extend the review period to 120 days
City Council Work Session regarding business license ordinance
First Reading of the Business License Ordinance (City Council)
Planning Commission Public Hearing and CUP recommendation
Second Reading of the Business License Ordinance (City Council)
City Council review of CUP and business license for Solaris
End of the 120 day Review Period
May 6, 2009
May 13, 2009
May 19, 2009
June 9, 2009
June 23, 2009
July 7, 2009
July 21, 2009
July 28, 2009
August 4, 2009
August 18, 2009
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
Rosemount Mayor
Page 1 of 3
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
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
7/7/2009
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 frequendy 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.
4 ROSEMOUNT
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
POLICE DEPARTMENT
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 ate 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."
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. All of these cameras will be digitally
recorded to a DVR which will hold 2 months worth of surveillance at a time. This will enable us
to recall events on certain dates well after they have occurred for investigational purposes or for
liability issues. In addition to our surveillance system, Solaris Nightclub and Lounge intends on
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
premier place to dance without the hassles of gangs, downtown parking, drinking age adults,
etc... We feel that there is a significant market of young adults who struggle to fmd things to do
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 fmd, 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 after 6pm. Simply Massage will be closed
at 9pm (before music starts). The orthodontist will be closed at 6pm at the latest and they are
only 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 believe that we have a premier business in a location
that is very fitting. We hope that the City of Rosemount and the Rosemount Police Department
will find this as well and we look forward to opening Solaris Nightclub and Lounge.
MAY 7 2009
By
J
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 bar. They will be
able to order food and drinks from these workers. These workers will also be able aid in
any security needs. In addition to the wait staff there will be 4 security guards who will
be positioned in all 4 comers 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
1 Ofc
D Performance of visual task of high
contrast and large size
3Ofc
E Performance of visual tasks of high
contrast and small size
50fc
F Performance of visual tasks with low
contrast and small size
1 00fc
G Performance of visual tasks with
extremely low contrast and small size
300- 1000fc
Foot Candle Information for General Building Uses from the
Lighting 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
Table 2 Area
Luminance 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
EASEMENT
THIS INSTRUMENT is made by Independent School District No. 196, a political
subdivision of the State of Minnesota, Grantor, in favor of the City of Rosemount, a Minnesota
municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of property in Dakota County, Minnesota legally described on the
attached Exhibit A (the "Property").
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee the following easement:
An exclusive temporary easement for park and tennis court purposes over, under, across and
through that part of the Property lying south of the centerline of 144 Street West subject
to easements of record.
Said temporary easement expires on December 31, 2039.
2. Scope of Easement The exclusive temporary easement granted herein is subject to the
terms of the Joint Use and Operating Agreement attached hereto as Exhibit B.
3. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right,
title and capacity to convey to the Grantee the easement herein subject to easements of record.
4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate
to, the easement area or Property prior to the date of this instrument.
5. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 2009.
INDEPENDENT SCHOOL DISTRICT CITY OF ROSEMOUNT
NO. 196
By By
Its Its Mayor
By By
Its Its City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009 by and the
and of Independent School District
No. 196, a political subdivision of the State of Minnesota, on behalf of the political subdivisoin,
Grantor.
NOTARY STAMP OR SEAL
STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009 by and the
and the City of Rosemount, a
Minnesota municipal corporation, on behalf of the corporation, Grantor.
NOTARY STAMP OR SEAL
Notary Public
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
Suite 470
200 South Sixth Street
Minneapolis, MN 55402
OVERALL I.S.D. NO. 196 PARCEL
Parcel 1: Per Book 151 of Deeds, Page 447
Commencing at a point on the westerly line of the Dodd Road; the following described courses from the
center of Section Twenty Nine (29), Township One Hundred and Fifteen (115), Range Nineteen (19), 446
feet North on North and South quarter line and 614.30 feet on an angle of 19 degrees 30 minutes turned
west from said quarter line and 34.78 feet west, this point being the place of beginning to describe the
following tract of land; thence west and parallel with the quarter line 131.72 feet; thence South and
parallel with the quarter line 55 feet; thence west and parallel with the quarter line 374.70 feet; thence
North and parallel with the quarter line 400 feet; thence east and parallel with the quarter line 384.35 feet
to the westerly line of said Road; thence Southeasterly along the westerly line of said road 363.03 feet to
the place of beginning. Containing four (4) acres of land.
Parcel 2: Per Book 213 of Deeds, Page 554
Part of Lot Six (6) of Auditor's Subdivision No. 1, Rosemount, described as follows, to -wit: Commencing
at a point which is 374.70 feet west of the southwest corner of Lot Twenty -seven (27) of said Auditor's
Subdivision No. 1, Rosemount, which point of beginning is also the southwest corner of lot now owned
by School District No. 19, thence running north along the west line of said school lot 400 feet, thence
West 326.7 feet, thence south 400 feet, thence east 326.7 feet to the place of beginning, containing 3
acres, more or less, according to the plat thereof now on file and of record in the office of the Register of
Deeds within and for said Dakota County, Minnesota.
Parcel 3: Per Book 239 of Deeds, Page 348
Part of Lot numbered six (6), Auditor's Subdivision Number one (1), in the Village of Rosemount,
described as follows, to -wit: Commencing at a point one thousand three hundred thirty six and 67/100
(1336.67) feet east and two hundred thirty six (236) feet north of the southwest corner of the northwest
quarter (SW cor. of NW1 /4) of section numbered twenty nine (29), Township one hundred fifteen (115)
Range nineteen (19), thence running east eighty five (85) feet, thence south thirty three (33) feet, thence
east two hundred twenty two and 5/10 (222.5) feet, thence south twenty (20) feet, thence East eighty (80)
feet, thence north seven hundred sixty three (763) feet, thence west three hundred eighty five (385) feet,
thence south seven hundred ten (710) feet to the place of beginning, containing six and fifty three on
hundredths (6.53) acres of land, more or less.
EXCEPT Parcel 11: Per Book 238 of Deeds, Page 638
Part of Lot six (6), Auditor's Subdivision No. one (1) Rosemount, described as follows: Commencing at a
point sixty (60) feet west and two hundred three (203) feet north of the southwest corner of Lot eight (8) in
said Auditor's Subdivision No. One (1), thence north one hundred twelve (112) feet, thence east three
hundred eighty five and sixty three hundredths (385.63) feet, to the West end of John Street, as now
located, thence north sixty (60) feet, thence west four hundred fourteen and sixty three hundredths
(414.63) feet, thence south two hundred twenty five (225) feet, thence East eight and thirty seven
hundredths (8.37) feet, thence north fifty three (53) feet, thence East twenty and sixty three hundredths
(20.63) feet to the point of beginning.
And also except Parcel 8: Per Book 191 of Deeds, Page 531
All that part of Lot six (6), Auditor's Subdivision Number One (1), Rosemount, described as follows:
Beginning at a point on the north line of John Street, which point is one thousand three hundred twenty
eight and 30/100 the (1328.30) feet East and four hundred eight (408) feet North of the southwest corner
of the northwest quarter (NW of Section 29, Township 115, Range 19, thence North from said point of
beginning three hundred (300) feet, thence East twenty nine (29) feet, thence South three hundred (300)
feet, thence West twenty nine (29) feet to the point of beginning, all according to the plat thereof now on
file and of record in the office of the register of deeds in and for said County and State.
The above described land to be used by said Village of Rosemount for street purposes.
And also except Parcel 12: Per Doc. No. 2519177
All of Lot Ten (10), and that part of Lot Six (6), described as follows;
Beginning at the Northeast corner of Lot Ten (10), thence North 20 feet along an extension of the East
line of Lot 10, thence West 55 feet along a line parallel to and 20 feet North of the North line of Lot 10,
thence South 20 feet along the extension of the West line of the Northwest corner of Lot 10, thence East
along the North line of Lot 10 to the point of beginning, all in Auditor's Subdivision 1, Village of
Rosemount, according to the recorded plat thereof, Dakota County, Minnesota.
And also except Parcel 13:
That part of Lot six (6), Auditor's Subdivision No. 1, Rosemount, described as follows:
Commencing at the Northwest (NW) corner of Lot Eleven (11), in said Auditor's Subdivision No. 1,
Rosemount; thence North Twenty (20) feet; thence East Fifty and Sixty -three hundredths (50.63) feet;
thence South Twenty (20) feet; thence West along the North line of said Lot Eleven (11) Fifty and Sixty-
three hundredths (50.63) feet, to the place of beginning, according to the plat thereof now on file and of
record in the office of the Register of Deeds within and for said County and State.
Parcel 4: Per Book 255 of Deeds, Page 368
All that part of Lot six (6) Auditor's Subdivision No. one (1) Rosemount, described as follows:
Commencing one thousand three hundred thirty six and sixty seven hundredths (1336.67) feet East and
one hundred eighty three (183) feet north of the southwest corner of the Northwest quarter (NW of
Section twenty nine (29), Township one hundred fifteen (115), Range nineteen (19) West, thence north
and parallel to the East line of said northwest quarter (NW seven hundred sixty three (763) feet,
thence east two hundred thirty eight and sixty five hundredths (238.65) feet, thence North four hundred
thirty (430) feet to the northwest corner of the present school property, thence west two hundred forty
seven and two hundredths (247.02) feet, thence south eleven hundred ninety three (1193) feet to the
northwest corner of the present Carl A. Rechtzigel property, thence east eight and thirty seven
hundredths (8.37) feet to the place of beginning, containing two and fifty eight hundredths (2.58) acres of
land.
Parcel 5: Per Book 255 of Deeds, Page 367
All that part of Lot Six (6), Auditor's Subdivision No. One (1), Rosemount, described as follows:
Commencing one thousand three hundred thirty -six and sixty -seven hundredths (1336.67) feet East and
One hundred eighty -three (183) feet North of the Southwest corner of the Northwest quarter (NW 1/4) of
Section Twenty -nine (29), Township One hundred fifteen (115), Range Nineteen (19) West, thence North
and parallel to the East line of said Northwest quarter (NW' seven hundred sixty-three (763) feet,
thence East Two hundred thirty -eight and sixty -five hundredths (238.65) feet, to a point of beginning,
thence North thirty (30) feet, thence East One hundred forty eight and eighty-five hundredths (148.85)
feet, thence South thirty (30) feet, thence West One hundred forty -eight and eighty-five hundredths
(148.85) feet to the point of beginning containing .125 acres of land.
Parcel 6: Per Book 242 of Deeds, Page 264
Part of Lot numbered six (6) Auditor's Subdivision No. one (1) in the Village of Rosemount, further
described as follows: Commencing at the northeast corner of Lot numbered nine (9) in said Auditor's
Subdivision No. one (1), thence East one hundred five and sixty three hundredths (105.63) feet, thence
north one hundred sixty five (165) feet, thence West twenty seven and one half (27'/) feet, thence south
one hundred forty five (145) feet, thence West seventy eight and thirteen hundredths (78.13) feet, thence
south twenty (20) feet to the point of beginning.
Parcel 7: Per Book 255 of Deeds, Page 238
Part of Lot numbered Six (6), Auditor's Subdivision Number One (1) in the Village of Rosemount,
described as follows: Commencing at a point One Thousand Three Hundred Thirty -six and sixty -seven
hundredths (1336.67) feet East and Two Hundred Three (203) feet North of the Southwest corner of the
Northwest Quarter (SW corner of NW 1 /4), of Section numbered twenty -nine (29), Township one hundred
fifteen (115), Range nineteen (19), thence running east eighty -five (85) feet, thence north Thirty -three (33)
feet, thence west eighty -five (85) feet, thence South thirty -three (33) feet to the point of beginning.
JOINT USE AND OPERATING AGREEMENT
This Joint Use and Operating Agreement is made this day of
2009, by and between Independent School District No. 196, a political subdivision of the
State of Minnesota, "ISD and the City of Rosemount, a Minnesota municipal corporation
"City together "Parties all pursuant to Minnesota Statutes, Section 471.59.
Section 1. Defined Terms: For purposes of this Agreement, the following
definitions shall apply:
Days.
"Parties" shall mean Independent School District #196, and the City of
Rosemount.
"City" shall mean City of Rosemount.
"District" shall mean Independent School District #196.
"Easement Area" shall mean the area lying within the exclusive temporary
easement attached hereto as Attachment One.
"School" shall mean the Rosemount Elementary School.
"School Days" shall mean all week days during the School Year during which
school activities or exams are scheduled to be held by the District for the District's school
students.
"School Hours" shall mean 7:00 o'clock a.m. to 5:30 o'clock p.m. on School
"School Year" shall mean all calendar days during each of the District's then
school years commencing as of August 15th of each year until the last day of regularly
scheduled classes in June of the following year.
"Third Party" shall mean any individual, person or entity, other than the District,
or the City.
"Terms and Conditions" shall mean all other terms and conditions of this
Agreement that are contained elsewhere in the agreement.
Section 2. Term of Agreement.
Unless earlier terminated as otherwise provided in this Agreement, this
Agreement shall commence on the date of this Agreement and end on December 31,
2039.
Section 3. Tennis Courts and Park. The City shall build two additional tennis
courts on the Easement Area, for a total of four tennis courts, at its expense during 2009.
1
The City will maintain, repair and replace the tennis courts on the Easement Area, all at
City expense. The remainder of the Easement Area will be developed, maintained and
used as a park at City expense. The tennis courts and park will be maintained and
repaired to the same standard of other city parks in the City.
Section 4. Terms and Conditions for Use of Easement Area. The following terms
and conditions shall govern the use of the Easement Area:
Section 4.1 Priority of Use of Easement Area. Priority of Use of the
Easement Area between the District and the City shall be determined and
allocated as follows:
a. District Priority Use of Designated Easement Area. At all times during
School Hours for all School Days during the School Year, the District
shall have priority use of the Easement Area.
b. City Priority Use of Easement Area. At all times when the District
does not have priority use of the Easement Area, the City will operate the
Easement Area as a City Park available for scheduling by the City and
otherwise available for use by the general public.
c. Use and Conduct. The use of the Easement Area will be subject to the
same rules of use and conduct applied to all other parks and tennis courts
in the City.
Section 5. Property Damage.
Section 5.1 Damage by District. If the Easement Area, or any part thereof, or any
part of the improvements thereon, are damaged or destroyed by the willful or negligent
conduct of the District or its officers, employees, independent contractors, agents, or
invitees during school activities, the District shall promptly repair such damage or replace
such improvements so destroyed. In all other cases, the City shall repair such damage or
replace such improvements so destroyed.
Section 6 Notices
Section 6.1 Notices. Any notice required or permitted to be sent hereunder shall
be in writing and be distributed by courier delivery, facsimile transmission, or U.S. Mail
to the following addresses, or to such other address as may be specified from time to time
in writing by the District, or the City.
2
Independent School District #196
Superintendent of Schools
Independent School District No. 196
3455 153 Street West
Rosemount, MN 55068
City of Rosemount
City Administrator
City of Rosemount
2875 West 145 Street
Rosemount, MN 55068
Section 7 Miscellaneous Provisions
Section 7.1 Liability. Each party shall be responsible for any and all claims,
demands, or actions for injury or damages arising out of the acts, errors, or omissions of
itself, its officers, agents, employees, and invitees.
Section 7.2 Entire Agreement. This agreement constitutes the entire agreement
between the parties and no other agreement prior to this agreement or contemporaneous
herewith shall be effective except as expressly set forth or incorporated herein.
Section 7.3 Amendments to be in Writing. Any amendment to this agreement
shall not be effective unless it shall be set forth in writing and executed by authorized
representatives of both parties.
Section 7.4 Termination. This agreement shall continue in effect until
December 31, 2039, unless terminated by the mutual agreement of the Parties.
Section 7.5 Mediation. In the event of a dispute as to interpretation or
administration of this agreement, an attempt will be made to negotiate the dispute in a
meeting between the City Administrator of the City and the Superintendent of Schools of
ISD 196. In the event these representatives are unable to resolve the dispute, the parties
will make at least one attempt to resolve the dispute through mediation through the use of
a neutral mediator who shall be selected jointly by the parties. In the event the parties are
unable to agree on a neutral mediator, the Chief Judge of District Court of Dakota County
will be requested to select a mediator. The parties will meet at least once in mediation,
and the costs of mediation shall be shared equally between the parties. In the event
mediation is unsuccessful, either party may pursue its legal or equitable remedies by
action in the District Court of Dakota County, Minnesota.
3
IN WITNESS WHEREOF, the parties by their authorized representatives have
hereunto set their hands as of the date and year first above written.
INDEPENDENT SCHOOL DISTRICT CITY OF ROSEMOUNT
NO. 196
By By
Its Its Mayor
By By
Its Its City Clerk
4 ROSEMOUNT
ADMINISTRATION
M E M O R A N D U M
To: Mayor and Council Members
From: Dwight Johnson, City Administrator
Date: July 21, 2009
Subject: Council Agenda Update
1. ADDITIONAL INFORMATION: NEW BUSINESS
9.a.First Reading of the Arcade Parlor, Billiard Hall, and Dance Club Business
License Ordinance. Attached is additional information about lighting standards.
C(‘&11z--.(e
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
Inver Grove Heights No minimum lighting requirement
Lakeville No minim lighting requirement
Average Parking Lot Lighting
4.3 Foot candles
3.5 Foot candles
1.1 Foot candles
1.0 Foot candles
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