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7 pertaining to business and activity licenses regulates this sort of use as an “amusement,” which is 8 defined as: 9 \[A\]ny for-profit enterprise or business which provides areas within a building, room or outdoor space 10 with capacity for eight or more customers at one time, wherein customers play games, watch game 11 playing, wait to play or que to enter or are being entertained. Examples of such business uses are: 12 video, laser, pool or other table game areas; arcades, carnivals and circuses. This definition excludes 13 physical exercise or health centers, theaters, private lodges or clubs, restaurants and bars and all tax- 14 exempt operations 15 Uses fitting this definition are then required to receive approval as a conditional use and an annual 16 business license. Chapter 303 also includes a requirement that conditional use approvals and the annual 17 license applications address the following list of 13 items: 18 A.Insurance Coverage 25 H.Signs 19 B.Security Guards 26 I. On-Site Manager 20 C.Exterior Lighting Plan 27 J. Employee Training Program 21 D. Traffic Management 28 K. Food/Sanitarian Inspection Report 22 E.Indoor and Outdoor Pedestrian Plans 29 L.License Fees 23 F. Emergency Evacuation Plan 30 M. Noise 24 G. Maintenance Building Report 31 Although these items are to be addressed upon the conditional use being approved, the applicant has 32 provided some preliminary information about how they would comply with the list of plans and 33 information required for their eventual license application. This information is intended to demonstrate 34 the applicant likely can obtain a license, so as not to waste effort and cost undergoing the conditional use 35 process only to be denied the necessary license. This information, along with the applicant’s description 36 of the proposed use is included with this RPCA as Attachment C. 37 When exercising the “quasi-judicial” authority on conditional use requests, the role of the City is to 38 determine the facts associated with a particular proposal and apply those facts to the legal standards 39 contained in the ordinance and relevant state law. In general, if the facts indicate the application meets 40 the relevant legal standards and will not compromise the public health, safety, and general welfare, then 41 the applicant is likely entitled to the approval. The City is, however, able to add conditions to 42 conditional use approvals to ensure that potential impacts to parks, schools, roads, storm sewers, and 43 other public infrastructure on and around the subject property are adequately addressed. 44 Although the Zoning Code does not specifically identify “amusements,” one can assume that different 45 types of amusements generally function in a way that is similar to other uses that are identified. An 46 escape room, for example, might function like a family counseling office, in which small groups of 47 people reserve approximately hour-long blocks of time to be in that place together. A paintball center 48 might look a lot like a spinning studio, where 20 – 30 people enter and exit at regular intervals. These 49 examples are permitted uses in the RB-2 zoning district, and if the scale of the current VR proposal is 50 assumed to fall somewhere between the uses just described, it can be treated as a permitted use on the 51 subject property in accordance with Title 10 of the City Code (Zoning). As discussed in the preceding 52 Background section of this RPCA, however, the City’s business license regulations require approval of 53 an amusement area as a conditional use in whichever zoning district the amusement use might be 54 allowed. Chapter 303 does not establish any specific conditional use approval criteria to review when 55 considering such a request for conditional use approval. 56 Roseville’s Development Review Committee (DRC) met on September 5 and September 19, 2019, to 57 review the proposal. Some of the comments and feedback based on the DRC’s review of the application 7d RCA Page 2 of 4