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2014_0714_CCpacket
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f�� <br />� <br />REQUEST FOR COUNCIL ACTION <br />DATE: 07/14/2014 <br />ITEM NO: 14.a <br />City Manager Approval <br />� �7� <br />Item Description: Discuss Amusement Devices as a Conditional Use <br />BACKGROUND <br />2 On June 9, 2014, the City Council took action regarding a proposed text amendment to Chapter <br />3 303 Amusement Devices: Areas and Game Rooms. The City Council supported the elimination <br />4 of outdated distance requirements, but kept in the language requiring a conditional use approval <br />5 so that further research and discussion could occur (see attached minutes). <br />6 Specifically, a few questions were raised by Council Members and Mr. Miller and Mr. Trudgeon <br />7 indicated a desire to review those items and meet with the City Attorney to better understand <br />8 how or whether this section of Code applied (see attached minutes). <br />9 303.O1: AMIISEMENT DEVICES; AREAS AND GAMEROOMS DEFINED: <br />10 For ihe purposes of this Code, the term "AmusementDevices, Areas and/or Gamerooms"shall <br />11 mean any for profit enterprise or business which provides areas within a building, room or <br />12 ouidoor space with capacity for eight or more customers at one time, wherein customers play <br />13 games, watch game playing, wait to play or que to enter or are being entertained. Examples of <br />14 such business uses are: video, laser, pool or other table game areas; arcades, carnivals and <br />15 circuses. This definition excludes physical exercise or health centers, theaters, private lodges or <br />16 clubs, restaurants and bars and all tax-exempt operations. (Ord. 1144, 6-13-1994) <br />17 A review of the above definition notes that certain uses are excluded from the requirements, <br />18 including restaurants. In discussions with the City Attorney it was concluded the proposed <br />19 Chuck E. Cheese is a restaurant and therefore excluded from this section of the City Code <br />20 303.04: LOCATIONRESTRICTIONS: <br />21 The operation of any amusement devices, areas or game room business or enterprise with a <br />22 capacity for more than eight customers ai one iime shall be restricted io a commercially zoned <br />23 area consistent with the City's Zoning Code. <br />24 Section 303.04 only allows amusement device within the commercially zoned areas, which <br />25 include Neighborhood, Community, Regional, and Community Mixed Use zoning districts. <br />26 The Conditional Use requirements are unusual because they are not with the Zoning Chapter, but <br />27 are instead in Section 303.08 as follows: <br />RCA_AmusementDevice_071414 (2).doc <br />Page 1 of 3 <br />
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