HomeMy WebLinkAbout2014-08 Amending Chapters 4 and 6 ORDINANCE NO. 2014-8
AN ORDINANCE AMENDING CHAPTERS 4 AND 6 OF THE EDINA CITY CODE
CONCERNING ALCOHOLIC BEVERAGES AND AMUSEMENT DEVICES
THE CITY OF EDINA ORDAINS:
Section 1. Section 4-34, subsection (e) of the Edina City Code is amended to read as follows:
(e) On-sale intoxicating liquor licenses. In addition to the requirements of subsection (a)
of this section, no on-sale intoxicating liquor license shall be granted to any establishment
other than a restaurant or hotel located in the PCD-2, PCD-3, POD-2 subdistricts or the
mixed development district as established by chapter 36.; any amusement er reEreatien
ranges,establ*shment ineluding amusement aFeades, peel halls or establishments effe fit
(2) Miniatur-e peel tables, bewling machines, shuffle beaFds, electric rifle er gun
and machines patteffled afteF baseball, basketball, heekey and similar garAes and like
'
rrracrhriiicT
(3) Amusement deyiees designated fer and used excluseyely by children, surzh as, but ne
limited to, I(iddie ear-s, miniature airplane Fides, mechanical herses and ethe
Section 2. Section 4-34 of the Edina City Code is amended by adding subsection (g) to read as follows:
(e) In addition, no on-sale intoxicating liquor license shall be granted to anX
establishment that has amusement devices, except to a restaurant in the PCD-3 subdistrict
subject to the following:
(1) The licensed premises shall be at least 30.000 square feet in gross floor area
(2) The licensed premises shall be located on a site that provides at least 250,000
square feet in total building area, including primary buildings and any outlot building,
(3) Not more than 40 percent (40%) of the gross floor area of the licensed premises
shall be used for operation of amusement devices regulated by this section.
(4) The licensed premises shall contain at least 200 seats and provide a full food
menu during all hours that it is open to the general public.
(5) All regulated amusement devices shall be licensed in accordance with Section 6-
92 and shall be located on the interior of the premises.
U The licensed premises shall be at least 500 feet from single dwelling or other
residential buildings. This distance shall be measured from the perimeter of the
licensed premises to the closest face of the residential building.
Section 3. Sections 6-91, 6-100 and 6-101 of the Edina City Code are amended to read as follows:
Section 6-91. Definitions.
Ordinance 2014-8
Page 2
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Machine or amusement device means any machine, contrivance or device, including, without
limitation, video, electronic or mechanical, of any of the following types:
(1) A machine which upon the insertion of a coin, slug or other token, or upon
payment of a fee, operates, or may be operated, as a game, contest or other
amusement only and which contains no automatic payoff device for the return of
money, coins, merchandise, checks, tokens or any other thing or item of value;
provided, however, that such machine may be equipped to permit a free play or game
or allow the payoffs provided in Sections 6-100 and 6-101.
(2) Miniature pool tables, bowling machines, shuffle boards, electric rifle or gun
ranges, and machines patterned after baseball, basketball, hockey and similar games
and like machines which may be played solely for amusement and not as gambling
devices, and which machines are played by the insertion of a coin, slug or other
token, or upon payment of a fee and which may be equipped to permit a free play or
game or allow the payoffs provided in Sections 6-100 and 6-101.
(3) Amusement devices designated for and used exclusively by children, such as,
but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other
miniature mechanical devices, not operated as a part of or in connection with any
carnival, circus, show or other entertainment or exhibition.
Sec. 6-100. Payoff.
It shall be unlawful for the licensee, or for the owner, lessee or operator of the
establishment where such machine is located, to give any money, prize or reward other than
a free game registered to the same machine. Provided, however, payoffs based on the skill of
the player, may be given by discharge of tickets, tokens, merchandise or any other thing of
value which has a wholesale value no greater than ten (10) times the cost to play or operate
the machine a single time, but not to exceed ten dollars ($10.00). te',en .y.,,..,.handise er-any
other thing ef Yalue er- any reward er pr-iFe On liew ef ffee games registeFed to sur=h machinei
and -ll-- e- o ...-- -- -o•---•-- shall.. be played en the ..._-. ine registering_ening such free game,
free games.
Sec. 6-101. Automatic payoff.
No person shall keep, maintain, sell or permit to be operated any machine which has been
converted into an automatic payoff device which shall discharge coins, checks or other
tokens to the operator or player of such machine. No person shall convert any machine
into an automatic payoff device. Provided, however, machines which, based on the skill of
the payer, discharge Fnene , ehee_s, tickets, tokens, merchandise or any other thing of value
which has a wholesale value no greater than ten (10) times the cost to play or operate the
Ordinance 2014-8
Page 3
machine a single time, but not to exceed ten dollars ($I O.00)-may be kept, maintained or
operated subject to the provisions of this article.
Section 4. This ordinance is effective immediately upon its passage and publication.
First Reading: June 3, 2014
Second Reading: June 17, 2014
Published: June 26, 2014
Attest
Debra A. Mangen, CitylCl tk mes B. H land, Mayor
AFFIDAVIT OF PUBLICATION' City of Edina The following words, terms and cost to play or operate the machine
(Official Publication) phrases, when used in this article, a single time,but not to exceed ten
STATE OF MINNESOTA )ss ORDINANCE NO.2014-8 shall have the meanings ascribed to dollars($10.00)may be kept,main-
COUNTY OF HENNEPIN AN ORDINANCE AMENDING them in this section, except where trines or operated subject to the
) CHAPTERS 4 AND 6 OF the context clearly indicates adiffer- provisions of this article.
THE EDINA CITY CODE ent meaning: Section 4. This ordinance is ef-
Charlene Vold being duly sworn on an oath, CONCERNING ALCOHOLIC Machine or amusement device fective immediately upon its pas-
states or affirms that they are the Authorized BEVERAGES AND means any machine,contrivance or sage and publication.
device,including,without limitation, First Reading:June 3,2014
AMUSEMENT DEVICES
Agent of the newspaper(s)known as: video, electronic or mechanical, of Second Reading:June 17,2014
THE CITY OF EDINA ORDAINS: any of the following types: Published:June 26,2014
SC EdinaSection 1.Section 4-34,subset- (1) A machine which upon the Attest
tion (e) of the Edina City Code is insertion of a coin, slug or other Debra A.Mangen,City Clerk
amended to read as follows: token, or upon payment of a fee, James B.Hovland,Mayor
and has full knowledge of the facts stated (e) On-sale intoxicating liquor operates,or may be operated,as a
g licenses. In addition to the require- game,contest or other amusement 6/26/14,3SC1,Ordinance
below: ments of subsection(a)of this sec- only and which contains no auto- 2014-08,240746
(A)The newspaper has complied with all of tion, no on-sale intoxicating liquor matic payoff device for the return of
the requirements constituting qualifica- license shall be granted to any es- money,coins,merchandise,checks,
tion as a qualified newspaper as provided
tablishment other than a restaurant tokens or an other thin or item of
or hotel located in the PCD-2,PCD y er g
value;provided,however,that such
by Minn. Stat. §331A.02, §331A.07, and 3, POD-2 subdistricts or the mixed
development district as established machine may bequipped to per-
other applicable laws as amended. p mit a free play or
game or allow the
(B)This Public Notice was printed and pub- by chapter 36.,any arn sement 0, payoffs provided in Sections 6-100
lished in said newspaper(s) for 1 succes- and 6-101.
arnusement area
sive issues; the first insertion being on (2)Miniature pool tables,bowling
machines, shuffle boards, electric
06/26/2014 and the last insertion being on dev ees whoeh means, rifle or gun ranges, and machines
06/26/2014. (-) NW-K-p--t4ie patterned after baseball, basket-
nsertiom of a coon, slug oi other ball,hockey and similar games and
like machines which may be played
operates,or may lbe-eperated,-a" solely for amusement and not as
game,contest or other anitise iie gambling devices, and which ma-
(2)Miniature pool n _ _ ___ _ _____ chines are played by the insertion of
By: rnae""' ' "e er gum ranges, and a coin,slug or other token,or upon
nes payment of a fee and which may be
Authorized Agent
11
equipped to permit a free play or
game or allow the payoffs provided
heekey and similar garnes amd 101
Subscribed and sworn to or affirmed before "__i. in Sections 6-100 and 6-101,
me on 06/26/2014. ent devices (3) Amusement devices desig-
nated nated for and used exclusively by
Itiddie ' children, such as, but not limited
_ _ __ _ rides,miniature airplane to, kiddie cars, miniature airplane
ttff'Q,,,��! ,.,.,wl�c�_;cc�.h_ rides,mechanical horses,and other
miniature mechanical devices, not
y- Section 2. Section 4-34 of the operated as a part of or in connec-
Notary Public Edina City Code is amended by tion with any carnival,circus,show
adding subsection (g) to read as or other entertainment or exhibition.
follows: Sec.6-100.Payoff.
MARIE
,A.p:�.vvvvvvVCVp1QM/yA' (q)In addition.no on-sale intoxi-
J ,`�AfiLG1E M�EMAMiERSON cating liquor license shall be grant- censeIt shall be unlawful for the r
ed to any establishment that has operator
,or for the owner, lesseeor of the establishment where re
Notary Publk,�lUfN19 ima amusement devices, except to a perat
such machine is located, to give
MyCalutibebnMOM Jon 31,20/9 restaurant in the PCD-3 subdistrict any money, prize or reward other
subject to the follow,,,.• than a free game registered to the
(1) The licensed premises shall same machine. Provided. however,
be at least 30.000 square feet in payoffs based on the skill of the
gross floor area. player, may be given by discharge
(2) The licensed premises shall of tickets, tokens, merchandise or
be located on a site that provides any other thing of value which has a
at least 250.000 square feet in to- wholesale value no greater than ten
tal building area including primary (10)times the cost to play or oper-
buildings and any outlet building_ ate the machine a single time. but
(3) Not more than 40 percent not to exceed ten dollars($10.00).
(40%)of the gross floor area of the token, merehand.se or any other
licensed premises shall be used for thing of value or e'ny reward
operation of amusement devices
n lieu of free games registered to
regulated by this section. h meei and all free games
(4) The licensed premises shall
so regist . 1_11 be
contain at least 200 seats and
provide a full food menu during all and.here be no ____.h
hours that it is open to the general machine
public.
(5) All regulated amusement e Sec.6-101.Automatic payoff.
devices shall be licensed in actor- No person shall keep, maintain,
dance with Section 6-92 and shall sell or permit to be operated any
be located on the interior of the machine which has been converted
premises. into an automatic payoff device
Rate Information: (6)The licensed premises shall be which shall discharge coins,checks
(1)Lowest classified rate paid by commercial users at least 500 feet from single dwelling or other tokens to the operator or
or other residential buildings. This player of such machine.No person
for comparable space: distance shall be measured from the shall convert any machine into an
$34.45 per column inch perimeter of the licensed premises automatic payoff device. Provided,
to the closest face of the residential however, machines which, based
building. on the skill of the player discharge
Section 3. Sections 6-91, 6-100 �� tickets, tokens,
and 6-101 of the Edina City Code merchandise or any other thing of
are amended to read as follows: value which has a wholesale value
Ad ID 240746 Section 6-91.Definitions. no greater than ten (10) times the