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pf_03251
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pf_03251
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7/17/2007 1:11:32 PM
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12/9/2004 7:00:36 AM
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<br />In Roseville, as in other cities, this treatment works well for pull-tab operations in <br />bars or clubs, and for bingo or raffle activities in churches, community centers or <br />other host facilities. <br /> <br />The situation becomes more complicated when the gaming activity or use becomes so <br />intense that it becomes the principal or sole use of a building or facility, since the <br />activity is no longer adjunct to a club, lodge, church, etc. but rather is a facility <br />primarily used for gaming activities. <br /> <br />While licensing ordinances regulate activities and businesses, and building codes <br />regulate the method of construction of structures, it is a City's Zoning Code that <br />primarily regulates the location and use of activities and uses within the City. <br /> <br />Title 10, Zoning, Section 1001.02 of the City Code provides that "except as provided <br />in this Title, no building, structure or land shall be occupied or used which is not in <br />conformity with the regulations and terms of this Title." While other parts of the <br />Code regulate or limit how certain uses or activities can be undertaken within the <br />City, it the Zoning Title of the Code that specifies where certain uses and activities <br />can or cannot be undertaken within the City. <br /> <br />Absent some connection to a principal use, I see no alternative to interpreting or <br />amending the Zoning Code to classify the bingo hall operation as a separate use. <br /> <br />The alternatives are to: <br /> <br />1. Continue with the present staff interpretation that a bingo hall is an <br />amusement establishment (in other words, a separate use) under the Zoning <br />Code. <br /> <br />2. Amend the Code to provide a specific classification for bingo halls as a <br />permitted or conditional use in whatever districts are deemed appropriate, or <br />alternately that a bingo hall is not allowed within the City. <br /> <br />3. Interpret the Code that bingo and other gaming activity is not a regulated land <br />use and consequently can be undertaken at any location eligible for a license. <br /> <br />While option three has some attractive features in that it avoids having to make a difficult <br />land use or zoning decision, it leaves open a number of questions which may well cause <br />even greater problems for the Council and community in the future. <br /> <br />2 <br />
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