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1976-03Bi11 No. 1976-3 AMENDMENT TO CHAPTER V, PART II OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Chapter V, Part II of the ordinance code of the City of Richfield, Minnesota relating to amusement and recreation is hereby amended by adding Section 5.17 to read as follows: "5.17 ARCADES Subdivision 1. Definition. For the purpose of this section the term "arcade" shall mean any 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 any of the following amusements: (1) Billiard, pool, foosball, air hockey, or pigeon hole tables (2) Pinball machines Shooting gallery machines (4) Any other mechanical or electrical 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. Subd. 2. License Required. No son shall o paying a license fee and obtaining and ' The license r licenses requ division 1. u ed under this section to be obtained for an 1 perate an arcade without first a current license as herein provided. be in addition to any license or of the amusements described in Sub- Subd 3. Application, Any person desiring to operate an arcade or to renew his license to conduct such activity shall file with the clerk an application on forms provided by the clerk for that purpose. The application form shall contain the following, together with. any other information which. the manager may require: (3) .~ Name and address of applicant Address of the proposed arcade The name and address of all persons owning or having an interest in the licensed premises. In the case of a corporation this shall include the names and addresses of the officers and directors of the corporation and all shareholders who own alone or in conjunction with their spouse or children more than 10% of the issued shares of corporate stock. If the licensed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation and by-laws of the corporation. The name and address of the manager or managers who will supervise the licensed activity. Whether any of the persons listed in paragraphs (1), (3), or (5) of this subdivision, have been engaged in the business of operating an arcade in the last five years. Whether any of the persons listed of this subdivision have been conv application for an arcade license within the last five years. Subd. 4. License Fees and License Period, The license shall be for the calendar ear or remaining portion thereof, The license fee shall be $100.00 for such eriod, The entire fee shall accompany the application and such fee shall be re- funded only if the application is withdrawn before council consideration of the application. Subd. 5. Granting of Licenses. All ap lications for Licenses shall be referred to the public safety director and to such other persons on the city staff as the city manager shall deem necessary for investigation and recommendation. The persons to whom an a plication has been referred shall make their report and recommendations in writing. Upon receipt of the written reports and recomme:idations the city manager shall cause to be published in the official newspaper, at least 10 days in advance a notice of public hearing to be held by the city council setting forth the day, time and place when the hearing will be held, t'ne name of the applicant and the Zocation w'z~ere the business Zs to be conducted. The application, together with the city manager's recommendation, shall be submitted to the city council at the hearing. After the hearing the council may grant or deny the license, In granting the license, the council may im ose special conditions if it deems such co_ndztlons to be necessary because of particular circumstances related to the application. Subd. 6 Ineligibility for License. Existence of any of thefollowing conditions shall render the applicant ineligible for a license. If either the applicant or manager of the Licensed business is: a. under 21 years of age b. an alien c, a foreign corporation If the applicant, manager, or persons owning the licensed activity: a. is not a person of good moral character and repute b, has been convicted of an offense which relates to the conduct of the licensed business c. has o erated a similar business elsewhere which operation did not substantially comply with the provisions of this section relating to the manner in which. the business is conducted.. d. has been denied a license to conduct a like or similar activity or has had such license suspended, revoked or canceled. in paragraphs (1), (3), or (5) icted of a crime or have had an denied, revoked or suspended -2 - If the manager supervising the licensed activity is not a resident of the city of Richfield. Subd. 7. Conditions of Licensure. The following conditions shall govern the issuance and holding of all licenses granted pursuant to this section: Only premises which are within the general commercial districts of the city may be licensed. No arcade established after November 1, 1975 may be located on land which is adiacent to residential or multiple residence districts within the city. Arcades shall be closed at 10:00 p.m. each day and shall not open until 9:00 o'clock a.m. on weekdays or until 12:00 noon on Sundays. The consumption of alcoholic beverages, whether classified as intox- icating or non-intoxicating, or the use of any controlled substance shall not be permitted on any part of the licensed premises. No person under the age of 17 years shall be permitted to remain on any part of the licensed premises after 10:00 o clock p.m. unless accompanied by his parent or legal guardian. No person under the age of 14 years shall be permitted to enter or remain upon any part of the licensed premises unless accompanied by his parent or legal guardian. Adequate off-street parking shall be provided for patrons of the premises in compliance with the provisions of Richfield Ordinance Code Section 4.05. (8) The licensed premises shall fully comply with all applicable state and local regulations dealing with health, zoning and building re- quirements. The licensee shall be responsible for maintaining order on all parts of the licensed premises. ~10_~ Only amusements with a current valid Richfield license sticker attached may be offered for use or kept on the licensed premises. No wagering or betting for a consideration or any other gambling shall be permitted on the licensed premises. (12 The licensed activity shall be conducted in such a manner and located in such 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. 513 The applicant or manager designated in the license application shall be present on the premises during all times the premises are open. No new manager may be placed in supervision of the premises until he has been approved by the city council. -3- Subd. 8. Bond. At the time of filing an application for license under this section, the applicant shall file a bond with corporate surety with the City Clerk. Such bond shall be in the amount of $1,000.00. The surety on the bond shall be a surety company duly licensed to do business in the State of Minnesota. All surety bonds shall be approved by the City Attorney as to form and execution and deposited with the City Clerk. All such bonds 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. 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 cit A11 such bonds shall be kept in full force and effect thro the license period. Subd. 9. Revocation or Suspension of License. The license may be revoked or suspended by the city manager whenever the licensee, its owner, manager, or employees or agents pf the licensee have engaged in any of the following conduct: Fraud, deception or misrepresentation in connection with the securi of a license. Conduct inimical to the interests of public health, safety, welfare or morals. Conduct involving moral turpitude. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. (5 Failure to comply with any of the provisions of this section or en- gaging in conduct which would be grounds for denial of an initial application for licensure. The matter shall then proceed as provided in Richfield Ordinance Code X5.14 Subd. 4. Subd. 10. Existing Arcades. The operator of any arcade which is in operation on or before the effective date of this section shall make application for a license to continue the operation of such arcade. Said application shall be made no later than 60 days following the effective date of this section. If the application for license is made within that period, the activity may con- tinue until the council shall have acted upon the application. -4- Subd. 11. It is unlawful to falsify an application for an arcade license, to operate an arcade while the licensee is ineligible for a license, or operate an arcade in violation of any of the conditions of licensure. Passed by the City Council of the City of Richfield, Minnesota this 9th day of February, 1976. ~. .~ or n L. Law Mayor ATTEST: -~-_ s f' i ~ ,pf i ~ a Thomas J. Moran,' City Clerk C~ -5- SUN ~JEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD sUN 6601 W, 78th St. Bloomington, Minnesota State of Minnesota Ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Richfield Sun and leas full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. i4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the City of Richfield in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours ai3d at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ~Z~. i~0. 1Q7V-3 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for OIlB successive weeks; that it was first so published on T'~ea the L, day of FOb`+1.3`9`r~~ 19 ~~ and was thereafter printed and published on every to and including the day of 19~ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to-wit: abcdefghijklmnopgrstuvwxyz , Subscribed and sworn to before me this , , day of F' 2'OY+118,P~~ 19?6 ~ n/Vv~,A/'J~/1N~AMt~A.hJ1/v!~ ~MPA/tMAMM w •~ NOTE FUt) - i~i!l, SOTA ~~ ~or~~r. Ex~irss.~c~ 28, 1978 ~w-e~t~~,nvvvtnnnnnnr n bmlding requirements. (9) The licensee shall be responsi- ble for maintaining order on all parts of the flcensed.premises. (10) Only amusements with a cur- ;a, ~~ . rent valid Richfield license ° ' ' ( cation) '' sticker attached may be of- 0:1978+3 fered for use or kept on the ~ AMEND PTO CHA~'fElt V, PART IF!=0~' "THE .ORDINANCE licensed premises. (11) No wagering or betting for a CODE OF THE CITY OF RICK- ' consideration or_ any other gambling shall be permitted on FIELD,IKINNES(Yl A ,, `~ . CITY OF RICHFIEI:I); DO'S OR- the licensed premises. ' ~' „ DAIN: `' din h ;R' ~'I (12) The licensed activity shall be ' conducted in such a manner ance I of the or ~ C apter V, a of Richfield, Min- code of ..the city and located in such a place so ~' . nesota relating to amusement and re- as not to be likely to result in 3o- jury or damage to persons or a creation is hereby amended by ad- ding Section 5.17 to read as follows: property in the neighborhood or ~ p ` 5.1? ARCADES. injurious, annoying or disrup- five to patrons of other busines- p Subdivision 1. Definition. For the purpose of this section the term "ar- ses located in the.area. ~~ Cade" shall mean any building, struo- (~) The applicant or manager de- signaled in the license applies- '.d u t rind r (rase or acntiv it ht a hrovidin s g lion shall be' present oa the ~ S of any of the'following oranytombi - Premises during all times the a Premises are open. No new Ll3 nation of any of the following amuse- ` manager may be placed- in )ul menu: (1) Billiard, pool, foosball, air hoc- supervision of .the premises d~ until he has been approved by 0£$ key or pigeon hole tables (2) Pinball machines 1 the dty council J00 (3) Shooting gallery machines Subd. 8. Bond. ~L[1 (1) At the time of filing an applies- ' (4) Any other mechanical or else- frivol device which is designed d lion for license under this sec- 1'ja~ a to be played by a .contestant or lion, the applicant shall Elie a bond with corporate surety 3$ n~ contestants and upon which the will the City Clerk. Such bond ;11L'ill contestants receive a seas or rating based upon their per- shall be in the amount of ula'} a d formance. Subd. 2. License Regafred.. Ne pen. ith t h ll t d ~ $1,~ ~ (2) Thesurety on the bond shall be St$ a surety company duly licensed a1SBa ~ e an arca e w ou opera son s a First paying a license fee and obtain- ' to do business in the State of _~ Minnesota. Afl surety bonds ~ 'u0i'l ing and having a current flcenae as herein provided. The license required shall be approved by the City ,apiaap under this section shall be in addition Attorney as to form and execv- 1. lion and deposited with the City 'au~n>;p to any license or licenses required to Clerk. ~~ Ul ~1 -~ be obtained for any .of the amuse- meats described in Subdivision' i (3) All such bonds shall be coo- J0~ ~iJu~ . Subd. 3. Application. Any person ditioned as follows: a. The licensee shall obey the 0~~~ SR( ~ deairiag to operate an arcade or to renew his license to conduct such ac laws relating.. to the licensed an>;tI 3t 100 - tivity shall file with the clerk an ap- ' business. b. The licensee shall .pay to O 'ISONI. prov[ded by the plicatioa oa forms clerk for that purpose. The applies- the city when due all taxes, aua~ S inks tlon form shall contain the following, license fees, penalties and 1 a ', other charges provided by law. ~ [a61(0 •W together a[th any other information which fhb manager may require: c. In the event: of yiolaNon of l~ddnl5 P 'u (1) Name and address of applicant any law relating to the business .xaq p far which the license has Preen i.>;asnu (2) Address oftheproposedarcade f ll` granted, the bond shall be for- O uO111BZ ~ ~ (3) The name and address o a pbrsous owning or havingan ht=,: ~ ' felted to the city a111E0 a (4) Ail such bonds shall be kept Fn (llOa~ J, $ ~ terestia the licensedpremises. In the case of a corporatlon this 6ti ~ force and effect throughout 3 '1B 56 gul[X01d n the license period. ~ shall include the names and addresses of the officers amt ~~aa Subd. 9. Revocation or Suspension of License. The license may 4e re- ; 1 sa aIH ~ ~ directors of the corporation and, . ownalone allshareholderawho • aX~onn x yoked or suspended by the dty man_ ' ~°p , or in conjunction with thdr ager whenever the licensee, its., ~ 5 U owner, manager, or employees or ag- X2U ally O S ~ spouse or children more than;• • cuts of the licensee have engaged in , a apB~ d~ [[ ~ 10% of the issued shares of coi : poste stack. ~Y of the following.conduct: -sup a, F aptaul deception or misre • (1) Frond (4) If the licensed business is ti p , i resentation ia:connection with 1 lB CBS ~p ~ u on, a copy owned by a corpora ~ c e ~ o e the securing of a license. • (2) Conduct iuimibal to the. io- , ~~1[ a~OS 'lltna -1 incopor ation tlou, artl a of and by-laws of the corporation: f terests of public healtlr; safety, •g1a1('10 1aA0 OS ,1Sn[ u welfare or morals. ~ ul the .(5) The name and address o manager or managerswho-will (3) Condad involving moral fur- I11L['} a `pa~ajd - t d supervisethe licensed actlvlty. f th h e. a , pI a (4) Conviction of ao oftenae involy- p0 u ~Cul a' aul2St;Q e persons ether any o (8) W listed in paragraphs (1-, (s),,or ing moral turpitude by any I7lu court of competent jurisdiction. , aA2u asnul I>+ (Sy of this subdivIsioa, hive been engaged in the business of l d th t i (5) Failure to comply with any of the provisions of this section or /1 5 e e operating an arca n as ears five engaging ~ conduct which D ~' ~ fi/ y . (7) Whether any of the persons would be ounds for deNal of ~ initial application for liven- listedinparagraphs(1),(3),-gr sure. (5) of this subdivlaion have. been convicted of a crit6e or The matter shall then proceed as - have had an appplication fo 'an t d Code provided in Richfield Ordinance , r ~ §5.14 5ubd. 4. , rev arcade licease;deu e oi+ suspended aithiy, the ,last Subd. 10. Existing Arcades. The flue years. operator of any arcade which is in op- Sabd. 4. License Fees' and LtCanse eration on or before the effective date . of this section shall make application Period. The license shall be for the ' for a license to continue the operation pbrtlon calendar year or remaining of such arcade. Said application shall thereof. The license. fee shape be $100.09 for itch period. The satire fee ~ made not later than BO days follow- 10g the effective date of this section. shall accompany the'applicadou and such fee shall be:refunded o~dy'if the lication is ' withdrawn ~ bbfore a If the application for license is made ~ot~ h edc il ~ tl e pp council consideration of the appllda- ue undl ounc t shal hav acted upon the application. lion. Subd. 5. Granting of Licenstb. Subd. 11. It is unlawful to falsify an application for an arcade license, to (1) All gppUcatious for : Ilcenses d t th blle ' f rr operate an arcade while the licensee o epp ahall"be re e e safety 'director and to : soc6 to ineligible for a license, or operate ~ arcade in violation of any of the other persons on the city staff conditions of licenaure. as the dty manager shad ~eeut necessary for invesHgatlort apii passed by t}~t vrt of the City of Richjie d, M'T in so a this 9th• recotltmendation. The persons Nc h tt ~y of February, 1976. on as a to, whom an p LpREN L. 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