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 The City Council supported the elimination 4 of outdated distance requirements, but kept in the language requiring a conditional use approval 5 so that further research and discussion could occur (see attached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