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HomeMy WebLinkAbout2.b. Business License for Dance ClubsAGENDA ITEM: Business License for Dance Clubs AGENDA SECTION: Discussion PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. Z .g. ATTACHMENTS: DeKalb, IL Teen Club Ordinance; Solaris Nightclub and Lounge Narratives APPROVED BY: O A) 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. Li miting 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. Solatis 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 premises which are open to the public and aprima y function of which is to offer patmns 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, 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. 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 DeKalb, 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 am. Saturday 6:00 p.m. Saturday 2:00 a.m. Sunday 6:00 p.m. Sunday -1:00 a.m. Monday 4 The City Council may choose to have an Ordinance that does not specifically have hours within the Ordinance but instead have a provision that would allow the City to determine the best hours on a case by case basis. This would be useful if there was a dance club that would be proposed that would serve more as a place for teens to gather and be engaged similar to The Garage. The following text has been prepared to provide that alternative. Dance Club hours and days of operation may be limited as determined necessary by the City Council to limit the nuisances experienced by the neighboring properties or to protect the health, safety, or public welfare. Site Security Security is staff's most important concern. Proper staffing and security can discourage improper activities from occurring at the club and reduce the impact that the club could have on the police department of the City. Improper security can attract individuals who are interested in engaging in improper or illegal activities and could require disproportionate attention from the City's police department limiting their ability to respond elsewhere. The following language is from the DeKalb, IL Ordinance. It shall be the obligation of the licensee to employ qualified supervisory personnel at a ratio of one such person for every 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 DeKalb, IL Ordinance. Persons of the following ages shall not be permitted to enter or remain on the premises of a Dance Club: A. Under the age of sixteen (16)years. b. Twenty -one (21)years of age or older except for bona fide employees or entertainers hired by the licensee to work in the dub, 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 responsibiliy 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 purpose of obtaining admission to, or remaining at, a dance club in violation of the provisions of this Ordinance. 5 Prohibition of Alcohol, Illegal, and Illicit Activity While illegal activities are prohibited regardless where they occur, it is important for a Dance Club Ordinance to clarify that it is the responsibility and duty of the club's owners and managers to actively prevent illegal and illicit activities from occurring at their club. The first four sections are paraphrased from the DeKalb, IL Ordinance. The section regarding nudity and sexual conduct is from the City's Liquor License Ordinance The licensee and its agents shall not permit or allow alcoholic beverages or controlled substances to be consumed or be present on the dance club premises. It shall be the obligation of the licensee 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, andl 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 dub 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 clean up all litter resulting from club operations. The cleanup shall occur within four (4) hours after the end of each day's operation. Nudi 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 "nudi and "sexual conduct" are defined as follows: NUDITY: The showing of the postpubertal human male or female genitals pubic area or buttocks with less than a fully opaque covering or the showing of postpubertal female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For the purposes of this definition, the female breast is considered uncovered if the nipple only or the nipple and the areola are covered. SEXUAL CONDUCT: Acts or simulated acts of masturbation, sexual intercourse, sodomy, bestiality, oral copulation, flagellation, sadomasochistic abuse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation orgratification. 2. The following acts or conduct in a premises which has been issued a license are contrary to the public welfare and, therefore, in order to preserve order and protect the public welfare, no license issued under this chapter shall be held at any premises where such conduct or acts are permitted to occur. a. The licensee, owner or manager of any licensed establishment permitting or allowing any live nudity to occur on the licensed premises. b. The licensee, owner or manager of any licensed establishment permitting or allowing any live sexual conduct to occur in the licensed establishment. 3. The city council may suspend or revoke or refuse to issue a license for violation of this subsection upon a finding that the licensee has failed to comply with this subsection. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. Occupancy It is important for the safety of the dub 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 dub shall be limited to three (3) occupants per one (1) off street parking space provided for the building or such off street parking spaces within 350 feet of the entrance of the dance club that the dance dub 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 securiy system data in a timely manner to assist the City's Police Department in any investigation of activities that may have occurred in the dub. It is also important for the City to be able to review the dance club's license if it is requiring a disproportionate amount of police calls. Staff does not believe that all police calls may be caused by the underperformance of the club's security (such as the theft of someone's cell phone while they are at the club), but there are other calls that would be directly related to failures of the club's personnel such as assaults, disturbances, or alcohol violations. The following language has been prepared by staff to allow the City to review and possibly revoke the club license if a disproportionate amount of police calls are received about the club. The Ciy Council may review the business license and consider sanction or license revocation if them are three (3) or more police calls to the dance dub concerning assaults, disturbances, or alcohol violations within any twelve (12) month period Special Conditions During the periodic (annual or other as deemed necessary) review of the license, it may be important for additional conditions to be added to the license as new issues arise that may need to be addressed. The following language is from the City's Liquor License Ordinance that allows additional conditions to be placed on the license. At the time a license renewal is issued, the ciy may attach special conditions to the license to protect the welfare of the communiy. 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 Solaris Executive Summary Amendment This amendment is to explain the staff arrangements that were not covered in t 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 corners of the club. Their job is to maintain a safe environment. All security guards will be within eye site of each other and reachable on radios at all times. In addition to the security personnel, there will be two bathroom attendants who will ensure that the bathrooms are safe and there is no illegal activity taking place in the bathrooms. In closing, we feel that the precautions that we are taking will be more than adequate in keeping the club safe. We will strive to maintain an alcohol free, drug free, violence free establishment through our security and surveillance measures that are in place. 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 find 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 fmd this as well and we look forward to opening Solaris Nightclub and Lounge. MAY 7 2009 By 08 -18-09 10:13 From-Kennedy Graven +6123379310 Municipal Code City of DeKalb Chapter 32, "Business Regulations" T -476 P.003 /016 F -741 I L- 8. A statement that the applicant does beneficially own the premises or does have a lease thereon for the full period for which the license is to be issued; (81-64) 9. A statement that the applicant has never been convicted of a felony; (81 -64) 10. A statement that the applicant has never been convicted of the following offenses: Theft; Theft of Lost/Mislaid Property; Forgery; Deceptive Altering /Sale of Coins; Robbery; Armed Robbery, Burglary; Possession of Burglary Tools; Unlawful Sale of Firearms; Criminal Usury; Juice Racketeering. 11. A statement that the applicant has never been convicted of violating any municipal or county pawnbrokers ordinance. (8i-64) 12. A statement that if a partnership, all members of the partnership shall be qualified to obtain a license; and, whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reason therefor. (93 -41) 32.05 BUILDING MOVERS. Building Movers deleted. Refer to Chapter 24.04. c) 9. "Moving a Structure Chapter 24.03, Bonds; Chapter 6.11. "Street Construction, Maintenance Operations Utility Work (93 -64) 32.06 GARAGE SALES a) It shall be unlawful for any person, group of persons, or organization to sell or offer for sale any secondhand household goods, clothing or other articles of personal property at what is commonly called a rummage, yard or garage sale on more than three (3) occasions in a calendar year if such sales are conducted in any residential zoned (SFR -1, SFR 2, TFR, or MFR) district of the City. Each of the three (3) allowable occasions in a calendar year shall be limited to not more than three (3) consecutive days. b) Any person, group of persons, or organization who knowingly violates this provision shall be fined not Tess than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed on each day during, or on which a violation occurs or continues. [04.65) 32.07 GOING OUT OF BUSINESS. There is hereby adopted by reference the provisions of Illinois Revised Statutes, Chapter 121 -1/2, Section 157.1- 157.12 (815ILCS 350). Three copies of such statute are on file and kept in the office of the City Clerk and available for public use, inspection and examination, and have been so on file for a period of thirty days prior to adoption of this ordinance incorporating such Statute. (78-20) Duration of Sale License Fee. A fee of Twenty -five Dollars ($25.00) shall be charged for a license period of sixty (60) days from the start of such sale, with an additional thirty (30) days granted, if necessary, at no charge. (8 -57 r"°' 3 2 8 T EEN C LUB S. (02-97 -all new section) a) DEFINITIONS. As used in this Section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: Chapter 32 4 06 -18 -09 10:13 From Kennedy Graven +6123379310 Municipal Code City of DeKalb Chapter 32, "Business Regulations" Chapter 32 5 T -476 P.004/016 F -741 Applicant: An individual, partnership, or corporation, including all partners in a partnership and all stockholders in a corporation. City: City of DeKalb Mana er: Manager shall include any employee who is in charge and responsible for the conduct of the business activity at any given time. Teen Club: Commercial premises which are open to the public, the 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 teen club may sell and serve food and beverages (excluding alcoholic beverages) to its patrons. The term "teen 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 scats; 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. Type A Teen Club: A teen club which restricts its admission to persons age fourteen (14) to seventeen (17) years and to a person eighteen (18) years of age if such person is then currently enrolled in a high school and presents a valid identification card issued by the high school indicating that such person is currently enrolled in that school. Type B Teen Club: A teen club which restricts its admission to persons eighteen (18) years of age and over. Club Premises: Any place where a teen club 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. Person: One or more natural persons, corporations, partnerships, associations or other entities capable of having an action of law brought against such entity. b) TEEN CLUB LICENSE REQUIRED. It is unlawful for any person to own, operate, manage or maintain a teen club in the City without first obtaining a teen club license from the City. c) LICENSE APPLICATION PROCEDURES. Initial and renewal applications for a Teen Club license shall be made to the City Clerk in writing; signed by the applicant, if an individual, or by a duly authorized agent thereof, if a corporation, verified by oath or affidavit; shall be accompanied with a non refundable application fee of One Hundred Fifty Dollars ($150.00)for the initial application plus the current rate by the Illinois State Police for processing ISP and FBI fingerprint cards for initial and all renewal applications (current rate S38.00 each) for each individual, partner, or corporation stockholder, and manager; and shall contain the following information and statements: 1. The name, date of birth, address (current and past five [5] years),telephone number, place of birth, physical description, drivers license number, social security number, and fingerprints of the individual applicant(s), partners in a partnership, or stoekholder(s) in a corporation. In the case of a co-partnership, the persons entitled to share in the profits thereof, and in the case of a corporation, the date of incorporation, the 06 -18 -09 10:14 From Kennedy Graven +6123379310 Municipal Code City of DeKalb Chapter 32, "Business Regulations" T -476 P.005 /016 F -741 objects for which it was organized, the names and addresses (current and past five (5) years) of the officers and directors, and if a majority in interest of the stock of such corporation is owned by one person or his nominees, the name and address (current and past five [5] years) of such person; 2. The length of time that said applicant has been in this business or a similar related business and in the case of a corporation, the date on which it was incorporated; 3_ A statement whether applicant has made similar application for a similar other license on premises other than described in this application and the disposition of such application; 4. A resume of applicant's management history, i.e. business experience and employment history; 5. The name, address and telephone number of three (3) business references and three (3) personal references; 6. A description of the business operation and marketing plan which shall include the proposed theme of the establishment; 7. Detailed plans for preventing persons ander or over the age required for a Type A or B license from entering the premises, including security training of employees, identification checking system, and any other methods that will be utilized; 8. The name, address and telephone number of person(s) who will be employed and serve as a manager for the business and a statement that the same information will be reported to the City Clerk prior to any new such employee(s) hired during the license period. 9_ The location and description of the premises or place of business which is to be operated under such license (include a drawing of premises with measurements of floor space and lay- out);. 10. A statement that the applicant does beneficially own the premises for which a license is to be issued or has a lease for the entire period of the license. If the location is to be leased, a copy of the lease shall be provided and/or the name, address and telephone number of the current property owner. Each applicant must indicate the existing business, if any, at the proposed location. 11. A statement delineating the criminal history, if any, ofthe applicant and manager(s) including all arrests and guilty dispositions for all criminal offenses_ 12. A statement: A. That if a co partnership, all members ofthe co partnership and manager(s) shall be qualified to obtain a license; and, B. That if a corporation, any officer, manager or director thereof, or any stockholder is eligible to receive a license pursuant to this Section of the Municipal Code 13. Any additional information the applicant deems pertinent, or is subsequently requested by the City, to review in determining whether the applicant should be granted a license. 14_ A statement that the applicant will not violate any of the laws of the State of Illinois or any Ordinance of the City of DeKalb in the conduct of his place of business. 06 -18 -09 10:14 From Kennedy Graven +6123379310 Municipal Code City of DeKalb Chapter 32, "Business Regulations" T -476 P.006/016 F-741 15. A statement that the applicant will testify under oath to all competent, relevant and material questions propounded to him in any hearing conducted by the City Manager, either before or after the issuance of a license to him and that his failure to so testify shall be sufficient reason for the refusal to issue any such license to him or for the suspension or revocation of any license which has been issued to him. d) In addition to the application procedures referred to in Subsection c) of this Section 32.08, an applicant for a teen club license shall provide the following: 1. A written statement setting forth all measures proposed to ensure that adequate traffic control, crowd protection and security, both inside and outside the premises, will be maintained; and that the ages of patrons admitted to the teen club will be monitored. 2. A statement indicating whether the teen club will be operated as a Type A Teen Club or a Type B Teen Club and a statement of the proposed schedule of operating hours and days. The club premises may not be used for both a Type A and Type B Teen Club. 3. A statement of whether the applicant, or the applicant's officers, directors, partners or any other person involved in the operation or management of the teen club has pled, been found guilty, or has pending charges for any crimes including, but not limited to firearms, gambling, racketeering, alcohol, controlled substances, sexual offenses, prostitution, assault, battery or contributing to the delinquency of a minor. 4. The annual fee for such license shall be Two Hundred Fifty ($250.00) Dollars. e) PROCEDURE FOR ISSUANCE OR DENIAL OF LICENSE. After receiving a complete application for a teen club license, the City shall follow the following procedures: 1. The City Clerk shall forward copies of the application to appropriate City officials for their comments regarding compliance with regulations under their jurisdiction. The City Clerk shall consider all materials and comments submitted and shall issue or deny the license. 2. A teen club license may be denied by the City Clerk for any one or more of the following reasons: A. The applicant is in violation of any of the requirements to obtain a license, listed in 32.08(c) B. The applicant and /or premises to be licensed have any outstanding, past due debts, fines, or fees to the City of DeKalb or any ongoing code violations C. If the applicant and /or business premises do not comply with all applicable City ordinances and State laws, D. If the application is incomplete or if it contains any material misrepresentation, E. If the application does not show adequate measures for: 1) the protection and security, both inside and outside the premises, or, 2) the monitoring of the ages of patrons and citizens admitted to the teen club. F. if the applicant is not of good character and reputation. Chapter 32 7 06 -18 -09 10:14 From-Kennedy Graven +6123379310 Municipal Code City of DeKalb Chapter 32, "Business Regulations" T -476 P.007 /016 F -741 3. Ifthe City Clerk denies a license, written notice stating the reasons for the denial shall be sent to the applicant. The applicant shall have a period of ten (10) working days after the date of license denial to appeal the denial. Such appeal must be submitted to the City Manager, in writing and must set forth the basis for the appeal. The City Manager shall hold a hearing and decide the appeal within 30 days of the hearing. f) LICENSE TERM; PRO RATING FEE. Each teen club license shall terminate on the next August 31 following its issuance. If a first year license is issued after March 1 and before September 1, the first year teen club license fee to be paid shall be one -half of the currently established amount. No refund shall be made to any licensee discontinuing business during the license year. g) OPERATING RULES AND REGULATIONS. It shall be unlawful for any person to violate the following provisions. Such provisions shall apply to all teen clubs in the City: 1. Persons of the following ages shall not be permitted to enter or remain on the premises of a Type A Teen Club: a. Under the age of fourteen (14) years unless accompanied by a parent or legal guardian. b. Eighteen (18) 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 under fourteen (14) years of age present in the club, or a person eighteen (18) years of age currently enrolled in a high school who presents a valid identification from such high school showing such person to be enrolled in such high school and at least one additional piece of identification showing the picture of such individual containing the date of birth of such person and issued by an officer, agent or department of the State of Illinois or other state. 2. No person under the age of eighteen (18) years shall be permitted to enter or remain on the premises of a Type 13 Teen Club unless accompanied by a parent or legal guardian, except for entertainers hired by the licensee to work in the club. 3. Type A Teen Clubs shall be operated only between the following hours. 6:00 p.m. Monday 10:00 p.m. Monday 6:00 p.m. Tuesday 10:00 p.m. Tuesday 6:00 p.m. Wednesday 10:00 p.m. Wednesday 6:00 p.m. Thursday 10:D0 p.m. Thursday 6:00 p.m. Friday 11:00 p.m. Friday 6:00 p.m. Saturday 11:00 p.m. Saturday 6:00 p.m. Sunday 10:00 p.m Sunday 4. Type B Teen Clubs shall be operated only between the following hours. (99 -95) 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 Chapter 32 8 06 -18-09 10:14 From Kennedy Graven +6123379310 Municipal Code City of /.)eKalb Chapter 32, "Business Regulations" Chapter 32 9 T -476 P.008/018 F -741 5. 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. 6. The licensee and its agents shall not permit or allow alcoholic beverages or controlled substances to be consumed or be present on the teen club premises. 7. 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. 8. 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. 9. 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 teen 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. 10. It shall be the obligation of the licensee to clean up all litter resulting from club operations. The cleanup shall occur within eight (8) hours after the end of each day's operation. 11. All teen clubs shall have an occupancy limit established by providing a minimum of 10 square feet of space per person. All teen clubs shall provide seating for 50% of the maximum occupancy. No license shall be issued until the applicant has complied with this provision. 12. All Teen Club license holders shall enter into an agreement with the DeKalb Police Department to act as their agent for the purposes of enforcing criminal trespass laws. h) OBSCENITY IN LICENSED ESTABLISHMENTS: 1. No licensee, his agent or employee shall allow or permit any person to perform acts of, or acts which simulate: a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; b) the actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals; c) the actual or simulated displaying of the pubic hair, anus, vulva or genitals; d) the actual or simulated displaying of the breast so as to expose the nipple of the female breast; e) the displaying of films or pictures depicting acts, a live performance of which is prohibited by a), b), c) or d) above. 2. No licensee, his agent or employee shall allow or permit any person to remain in or upon the licensed premises who exposes in public view any portion of his or her genitals or anus, or in the case of females, the breast so as to expose the nipple. i) ACCESS BY POLICE OFFICERS. All police officers of the City shall have free access to all teen clubs for the purpose of inspection and to enforce compliance with the provisions of this Chapter at all times that the premises are open to the patrons. 06 -18 -09 10:14 From- Kennedy Graven +6123379310 Municipal Code City of DeKalb Chapter 32, "Business Regulations" T -476 P.009 /016 F -741 j) CHECKING THE AGE OF PATRONS. 1. It is the responsibility of the licensee to require picture identification or a reasonable equivalent showing the age of each person admitted to a teen club. It is unlawful for any person to knowingly allow a person to enter or remain on the premises of a teen club in violation of the age restrictions of this Ordinance. 2. It is unlawful for any person to misrepresent his or her age for the purpose of obtaining admission to, or remaining at, a teen club in violation of the provisions of this Ordinance_ k) SUSPENSION OR REVOCATION OF LICENSES. 1. A teen club license may be suspended or revoked by the City Manager, after due process notice and hearing when the licensee, or any manager, officer, director, agent or employee ofthe licensee has caused or permitted any of the following: A. Failure to keep the building structure or equipment of the licensed premises in compliance with the applicable health, building, fire or safety laws, regulations or ordinances in a way which relates to or affects public health or safety on the teen club premises. B. Failure to comply with the provisions of this Chapter. C. Failure of the licensee or any manager, agent or employee to cooperate fully with police officers who respond to the premises. D. Making a material false statement or misrepresentation, or failure to disclose any material information to the City, in connection with any application for the teen club license or any license renewal. E. Whenever the licensee or any manager, officer, director, agent or employee of the licensee knowingly permits conduct on the licensed premises that violates any federal, state or city criminal or penal statute, law or ordinance. F. Whenever the operation of the teen club becomes the cause of a significant increase in activities on the premises or in the immediate vicinity requiring police response. 2. The hearing shall be public and all interested persons shall be afforded an opportunity to be heard. 3. If the City Manager determines a violation has occurred, he may: A. Fine the licensee in an amount not to exceed $1,000 per violation; and B. Impose a probationary period and impose certain conditions which must be observed; and C. Suspend the license for a period of time; and D. Any other equitable relief he deems just; or E. Revoke the license. 4. Failure to pay any fine ordered by the City Manager shall be grounds for revocation ofthe license. Chapter 32 -10 06 -18-09 10:14 From Kennedy Graven +6123379310 Municipal Code City of DeKalb Chapter 32, "Business Regulations" Chapter 32 -11 T -476 P.010 /016 F -741 1) INJUNCTION. In addition to any other relief provided herein the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Section 32.08. The application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. m) PENALTY. Any person, firm or corporation violating any provision of this Section 32.08 shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (94 -61)