1976-5481r` 520
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- RESOLUTION NO. 5481.
_ ~ RESOLUTION DENYING GENERAL
AMUSEMENT LICENSES TO ESTABLISHMENT
AT 611 EAST 77TH STREET
~' BE IT RESOLVED by the city council of the City of Richfield, Minnesota
as follows:
1. The council herewith finds and determines:
I. Richfield Ordinance Code S 5.18 requires that a license be
obtained for each amusement device which is used in the city.
2. An application has been made by j. Richard Anderson for
a renewal of the amusement device licenses. first granted- him in
September,- 1975.
3. The amusement devices for which licensure is sought are
all located at 611 East 77th Street and are used in the operation of an
arcade known a s the Toy Pony .
. - : 4.. The lot on which the Toy. Pony is located is in close proximity
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. to residences as well as to several retail businesses.
- .5. Since the Toy~Pony began operation in September, I975 the .
residents of the area, business patrons and abusiness owner have
_ observed the- following incidents which appear to relate directly to the -
operation of the Toy Pony: ~ ~ .
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. a. Litter in_the form of cans, bottles, paper and broken
. _ glass have been discarded on the grounds. surrounding the Toy-
Pony and. in the general neighborhood. , - ~ -
. b. Patrons of the Toy Pony have been seen to leave the ~, .
Toy Pony and loiter upon surrounding private property. 521
- c. In the evenings, youngsters have been entering an -
- apartment building located near the Toy Pony, running up and
down the halls, smoking in the hallways, and disturbing tenants. .
d. Youngsters have been scratching windows of the Richview
Nursing Home, located behind the Toy Pony and disturbing and
annoying the residents. -
e. When the establishment closes at night, perhaps as Iate
as after midnight, the patrons leave the area by car and on-foot
_ . - in a boisterous and disturbing manner which annoys-the residents
. fn the area .
f. Patrons of the Toy Pony park their vehicles on other private
.parking -lots in the area . -
g. Loud- voices coming from the interior of the Toy Pony. can
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- - be~ heard in the business premises located next door. These
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. "_ noises include profanities and obsenities which tend to annoy and- ~
- ~ .. - alarm; the patrons of that establishment. ~ - - .
h. Patrons of the business located next door, a beauty shop,
- - .have been verbally accosted by patrons of the Toy Pony and have- ; -
-stopped patronizing the business. - -. ._~;.
- - . i. -Patrons of the Toy Pony stand around the- windows of the - ~` -
beauty shop- and~sit on the vehicles owned by patrons of the
. beauty shop,
- . ~ .M ~ o Transactions believed to involve drugs have been observed -
" -'• in front of the Toy Pony. - .
- - -., - ~ •~ ic. Acts of vandalism including siphoning of gas, damage to ." -
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- ~ resolution No. 541 522
vehicles, driving. across lawns have all .occurred in the immediate
vicinity of~the Toy Pony.
6. Many of the problems which are now occurring .in -the immediate
vicinity of the Toy Pony appear not to have existed at all prior to the
Toy Pony beginning operation. ~ _
7. The council concludes that the nuisance consequences created
and caused by the operation of the Toy Pony-are the direct result of a
failure on the. part of the owners or managers of the Toy Pony to exercise
adequate control over the business enterprise and supervision of the patrons .
8. The continued operation of the Toy Pony on the same basis which it
has operated heretofore would constitute a public nuisance. contrary to the
general- health, safety, welfare. and morale of the community.
II. The application for licenses to operate amusement devices at 611. East
' 77th Street is therefore denied. -The effect of this resolution is, however,
.stayed until the council meeting of March 8, 1976. At that time, thecity
_ _ ~ council shall consider any plan which the applicant may formulate to relieve
. the adverse impact to the surrounding area . Such a plan might include the
- following elements:
1. Rules governing the conduct of patrons -while on the premises
. ~ and while leaving or coming onto the premises; and providing for
sanctions for failure to comply. ~ ~ .
. ~ ~ 2. The placing- of a light at the rear of the building. -
3. A policy or procedure for cooperation with- nearby apartments,
.nwrsing homes and retail businesses in responding to their complaints
~'~_ ~ . concerning Toy Pony patrons:. - .
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Should the city council determine at its .March 8, 1976 meeting that the
plan proposed by the applicant is reasonably fashioned to eliminate the current
problems, the council may then vote to grant the requested amusement device
ii.censes subject to any. conditions or stipulations which it may deem necessary
to promote the public health, safety, welfare and morals. ~'
Passed by the City Council of the City of Richfield this 9th day of
February, 1976.
ATTEST:
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Thomas Mora ' City Clerk
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