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07-27 Bill No. 2021-14BILL NO. 2021-14 AN ORDINANCE AMENDING SECTION 1105 OF THE RICHFIELD CODE OF ORDINANCES RELATING TO LICENSING OF ARCADES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 1105 of the Richfield City Code is amended as follows: 1105.01. - Arcades. Subdivision 1. Definitions. La) For purposes of this section the term "arcade" means a building, structure or tract of land which has as its principal use or activity the providing of any of the following, or any combination of the following, amusements: (a)LDBilliards, pool, foosball, air hockey or pigeonhole tables; ()}jQPinball machines; (,G)Q�Shooting gallery machines; and 04JLAny other mechanical or electronicisa4 device which is designed to be played by a contestant or contestants and upon which the contestants receive a score or rating based upon their performance. (b) For purposes of this section the term "Director" means the Director of Public Safety or the Director's designee. Subd. 2. License required. No person may operate an arcade without first paying a license fee and obtaining a license there#er from the City-Ge4ns+4. The license shall be in addition to any license or licenses required to be obtained for any of the amusements regulated in Seection 1100. Subd. 3. Application. The application shall include the following: (a) Name,. address, and telephone number of applicant; (b) Address of the proposed arcade; .�gpo Bill No. 2021-14 {d-)(c) If the licensed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation and bylaws of the corporation. {e)� The name,.-apA address, and telephone number of the Mmanager or managers who will supervise the licensed activity. 4)jg� Whether any of the persons listed in clauses (a), (b-} or {G)J�Q of this subdivision have been engaged in the business of operating an arcade in the last five (5) years. (g)f Whether any of the persons listed in clauses (a) , or {s3Jqj of this subdivision have been convicted of a crime or have had an application for an arcade license denied, revoked, or suspended within the last five (5) years. Subd. 4. Fees: term period. The license shall be for the calendar year or remaining portion of the calendar year in which the license is first issuedt#eree#. The license fee is fixed by Aappendix D. The entire fee shall accompany the application and the fee shall be refunded only if the application is withdrawn before se- mr-il consideration of the application. Subd. 5. Granting of licenses. Applications for licenses shall be ref�erredsubmitted to the Director ef P61bliG Safety, who will refer the application and -to other perm the -City staff as the Director Manager s deems necessary for investigation and recommendation. The rerc enc; +e .eihe"i alien has been referred shall m.RLe r GGMMeencattt PS the City M g r shall Ga l6e +e he n61hliShed in +he effini-Al Rewspaper0 at least teR (10) s OR 0 FiRg Will be 0 0 r»me of the applinan+ aAnr! +he IenaR+inn .nihere +he hi Minecc is +e he nen(1i -n+eiJ The application will be reviewed by the Director who +eire+her .eii+h +he �A �n �irerb FeGGFnFneRdatiGR, Shall bte 61-1-bMittied tA_ thie City G96IRGOI At the. After the heariRg may grant or deny the license. In granting the license, the MIDirector may impose special conditions if it deems the conditions to be necessary because of particular circumstances related to the application. Subd. 6. Ineligibility for license. No license may be issued if of aRy of the rollGWiRg neRr-itit-DRc Sh—All rertQe-F the appliGaRt eligihle fer -A lirop-Pse (a) If the applicant or the mManager of the'i^�d-business+s: (44 a Is Uunder 21 years of age; (2)(b) Is not a citizen of the United States or a A residents alien, or is legally prohibited from working in the United States; Bill No. 2021-14 2 {�(c ) Is not a person of good moral character and repute; 94LqLHas been convicted of a" "ffeRse which crime that is directly relateds to the conduct of the licensed business and has not shown competent evidence of sufficient rehabilitation as prescribed by Minn. Statutes Chapter 364; (e) Has been denied a license to conduct a likef similar activity or has had the license suspended, revoked,, or canceled in the last five (5) years. (f) Is not the real party in interest in the business or occupation being licensed; and (g) Knowingly misrepresented or falsified information on the license application. /�\ If �Aar,an fir, t llnonsed aG C Yln� rocidARt Af ti"A (a) if 5 F� crr�ca-crcti�f�tj/�arry crcrr r G* 1105.03. -Conditions of licensure. Subdivision 1. Compliance with zoning code. Only premises which are within commercial a°rijxed use co,i,ri,ii, ii,ii°ulii: �:zu. urrijx�Md use u.�.k4:,li�:zir°u.�II zoning districts of the City ............................. g Y may a licensed.e.a. .s:�...... ..i......:. :.....P. rya-° cata i . I.a..i.......w-Ih..�.G.h.......�.s......a .� 6sid�..a nt4a4 e..ir...... I.E..) .. ,.) 6s Z.o..in.1g., . Subd. 2. Hours. Arcades shall be closed at -between the hours of 240.00 ap.m. and 8.00 a.m. each dayPA i -n+il Q-00 A m AP U eekdays er i in+il 12-00 nnnn Subd. 3. Alcoholic beverages. The consumption of intoxicating liquor or non - intoxicating malt liquor, or the use of any controlled substance, as those terms are defined in this code or state statute, are not permitted on any part of the licensed premises. Subd. 4. Rerseps „n.+orMinimum age. Ne PeFGGn 11R Jor +ho Artie of 17 mom" ho PeFiMitted +r_ rem -Ain ran am, part of the IiGP_RGed pFeMiGA-6 of er 10i00 P.M. 61Rless aGGGFn aRme J by his paFeRt nr legal guardian No person under the age of 184-4 years may be permitted to enter or remain upon any part of the licensed premises at any time unless accompanied by the person's parent or legal guardian. Subd. 5. Parking. Adequate off-street parking shall be provided for patrons of the premises in compliance with the provisions of the zoning code. Bill No. 2021-14 Subd. 6. Compliance with laws. The licensed premises shall comply with all applicable state and local regulations dealing with health, zoning and building requirements. Subd. 7. Licensee to maintain order. The licensee shall be responsible for maintaining order on all parts of the licensed premises. Subd. 8. Amusements must be licensed. Only amusements with a current valid license sticker attached may be offered for use or kept on the licensed premises. Subd. 9. Gambling prohibited. No wagering or betting for a consideration or any other gambling may be permitted on the licensed premises. Subd. 10. Conduct nondisruptive. The licensed activity shall be conducted in a manner and located in a place so as not to be likely to result in injury or damage to persons or property in the neighborhood or injurious, annoying, or disruptive to patrons of other businesses located in the area. Subd. 11. Manager must be present. The applicant or mManager designated in the license application shall be present on the premises during all times the premises are open; ^G ReW MaRa er magi be plaGeiJ nn of the Promicoc i Atil ho haS bte Subd. 12. Owner of amusement devices. No amusement device may be located in an arcade if the owner of the device would be ineligible to obtain an arcade license by virtue of subsection 1100.04-1. i `D1~X11~�;= P At the time of filing an application for license under subsection 1105.01, the applicant shall file a bond with corporate surety with the ClerkDirector in the amount of The surety on the bond shall be a surety company duly licensed to do business in the State. The surety bond shall be approved by the City Aattorney as to form and execution and deposited with the Gi+Director. The bond shall be conditioned as follows: (a) The licensee shall obey the laws relating to the licensed business; (b) The licensee shall pay to the City when due all taxes, license fees, penalties and other charges provided by law; and (c) In the event of violation of any law relating to the business for which the license has been granted, the bond shall be forfeited to the City. The bond shall be kept in full force and effect throughout the license period. Bill No. 2021-14 4 1105.07. - Revocation or suspension. The Director may suspend ne�ttt or. revoke an arcade license may be Feyeked A a�aPe id-bytrhreGnvTaRager tl�tFerre P- i+c nWRer, MaRaner, nr empleyees 9r ageRtS r-f +ho linonc+oo h.A.,o eRga ed in for any of the following (a) Fraud, deception, or misrepresentation in connection with the securing of a license; (b) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the inimi,.,l +n +ho in+oro�+� of public health, safety, or general welfare 9 (G) (`GRGII In+ moral turpitude; (d) Criminal Gconviction that is directly related to the licensed business, provided that the licensee cannot show competent evidence of sufficient rehabilitation under Minn. Stat. Chapter 364nf _an P-Ue.pco 0RVGIVinn moral turpitude by aRY nni Ir+ of nnMpeteR+ iurisdin+inn; and (e) Failure to comply with any of the provisions of this section, or applicable state law, or engaging in conduct which would be grounds for denial of an initial application for licensure. 1105.09. - Violations. It is unlawful to falsify an application for an arcade license, to operate an arcade while the licensee is ineligible for a license, or to operate an arcade in violation of the conditions of the license. Section 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City of Richfield this 27th of July, 2021. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Bill No. 2021-14 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ss COUNTY OF HENNEPIN Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SC Bloomington Richfield with the known office of issue being located in the county of- HENNEPIN with additional circulation in the counties of, HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 08/05/2021 and the last insertion being on 08/05/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 08/05/2021 by Karen Nelson. 4 Notary Public 2­1 NOTARY PUBLIC MINNESOTA My cofmn."ion Expin's Jan 31 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 1157195 CITY OF RICHFIELD RESOLUTION NO. 11868 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE PERTAINING TO THE LICENSING OF ARCADES WHEREAS, the City has ad- opted the above -referenced Ordi- nance;and WHEREAS, the verbatim text of the Ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following sum- mary clearly informs the public of the intent and effect of the Ordi- nance. NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2021-14 AN ORDINANCE AMENDING SECTION 1105 OF THE CITY CODE PERTAINING TO THE LICENSING OF ARCADES On July 27, 2021, the Richfield City Council adopted an Ordinance designated as Bill No. 2021-14, the title of which is stated above. This summary of the Ordinance is pub- lished pursuant to Section 3.12 of the Richfield City Charter. The pur- pose of the Ordinance is to: update the body of the Ordinance, to up- date requirements for application, changes in granting of licenses, and updating conditions of licen- sure and revocation/suspension. Copies of the Ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 612-861-9738. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of July 2021. Made Regan Gonzalez, Mayor ATTEST Kan Sinning, City Clerk Published in the Sun Current August 5, 2021 1157195