HomeMy WebLinkAbout2019-14 FINALCITY OF BROOKLYN CENTER
ORDINANCE NO.2019-14
AN ORDINANCE AMENDING CHAPTERS 23 AND 35 OF THE CITY CODE
OF ORDINANCES REGARDING ENTERTAINMENT LICENSING AND USES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Payment of Propggy Taxes. Section 23-006.05 of the Brooklyn Center City Code
is hereby amended as follows:
Section 23-006.05. PAYMENT OF PROPERTY TAXES REQUIRED. No license
shall be granted or renewed for tobacco related products; bowling alleys;
entertainment; filling stations; pawnbrokers; secondhand goods dealers; motor vehicle
dealerships; saunas and sauna baths; massage parlors; rap parlors, conversation parlors, adult
encounter groups, adult sensitivity groups, escort services, model services, dancing services, or
hostess services; hospitality accommodations; or amusement devices for operation on any
property on which taxes, assessments, or other financial claims of the state, county, school
district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under
Minnesota Statutes, Section 278.01 through 278.03, questioning the amount or validity of taxes,
the City Council may on application waive strict compliance with this provision; no waiver may
be granted, however, for taxes or any portion thereof which remain unpaid for a period
exceeding one ( 1) year after becoming due.
ARTICLE II. Entertainment Licensing. Sections 23-301 through 23-303 of the Brooklyn
Center City Code regarding public dancing are hereby deleted in their entirety and are replaced
with the following:
ENTERTAINMENT
Section 23-301. LICENSE REQUIRED; EXCEPTIONS.
A. License Required. No business shall hold three or more entertainment events within a
calendar year within the City of Brooklyn Center without first obtaining an
entertainment license from the Citv.
B. Exceptions. The requirement to obtain an entertainment license shall not apply to anv
of the following:
1. A business that conducts no more than two entertainment events in a calendar
year:
2. The use of a radio, streaming service, jukebox, or similar system to provide
background music in a business:
3. An entertainment event occurring at a private club where admission is not oven
to the public;
4. A rivate event conducted on residential property;
5. An entertainment event occurring on public property: or
6. An entertainment event occurring within a school, religious facility, or public
facili
Section 23-302. DEFINITIONS. Except as may otherwise be provided or implied by
context, all terms shall be given their commonly accepted definitions. For Sections 23-301 through
23-310, the following definitions shall apply unless the context indicates or requires a different
meaning:
A. Applicant, means the person seeking an entertainment license from the City on behalf
of the business proposing to conduct entertainment events within the Citv.
B. Back ound music, means soft music intended as an unobtrusive accompaniment to
some activity, such as dining m a restaurant.
C. Business, means any form of corporation, partnership, association, or other entity
conducting any tune of business within the City of Brooklyn Center.
D. Entertainment, means every form of recorded music, band, dance, performance, show,
concertlive entertainment or other deliberate act intended to amuse or entertain those_
in attendance.
E. Entertainment event, means the providing of entertainment at an indoor event that is
open to the public. Each day on which entertainment is provided constitutes Amp -grate
event. The term does not include the showing of movies or an event that does not
produce or utilize amplified music.
F. Jukebox, means a machine that automatically plays a selected musical recording upon
the payment of money.
G. Licensed premises, means the interior of a building, or portion thereof, identified in an
entertainment license as the area in which a business may conduct entertainment events.
H. Licensee, means the business issued an entertainment license by the Citv.
I. Den to the public, means that the general public may attend the event. even if
attendance requires the payment of a fee or entry is limited to persons of at least a
certain age.
L Recorded music, means the play, use, or operation of any radio, tape, disc player,
streaming service, or other machine or device for the production or amplification of
music.
Section 23-303. APPLICATION FOR LICENSE. A business desiring a license to conduct
entertainment events shall submit an application to the City Clerk for an entertainment license.
The application form shall, at a minimum, require the applicant to provide the information required
in this Section.
A. The full namedate of birth, and current residential address of the applicant.
B. The full namebusiness tune, principal office address, and mailing address of the
business proposing to conduct entertainment events.
C. The full names, dates of birth, residential addresses of all partners or persons interested
in the business, including the on -site manager, If the business is a corporation, the state
of incorporation, the names, and dates of birth of all officers, directors, and
stockholders controlling at least ten (10) percent of the outstanding shares issued.
D. The full name, date of birth, and address of the owner or proprietor of the building for
which a license is desired.
E. The applicants' social security number, Federal ID Number, and Minnesota business
identification numberas required by Minnesota Statutes, Section 270C.72.
F. A scaled floor plan showing the interior layout, including any dance floors, and a site
plan showing the location of the building or buildings, parking layout, any outdoor
seating or patio, and the part or portion thereof intended to be used for the entertainment
events under the requested license.
G. If the applicant is a tenant of the building in which the entertainment events are to
occur, a written letter of approval from the property owner must accompany the
application or the renewal documents.
The application shall be signed by the applicant and, if the applicant is a corporation. by an officer
of the corporation who shall agree to comply with all provisions of the City Code relating to
conducting entertainment events. The applicant shall file the application, the related materials,
and the license fee with the City. The City will only process complete applications and any
application not made complete by the applicant shall be deemed denied.
Section 23-304. FEES. The City Council shall establish the fees for an entertainment
license in the Citv's Fee Schedule.
Section 23-305, ACTION ON LICENSE APPLICATIONS. Complete applications for
an entertainment license shall be forwarded to the Citv Council for review and a determination of
whether to grant the requested license in accordance with this Section.
A. Approval. If the City Council approves the application, it may place such conditions
on the entertainment license as it determines are appropriate to address any specific
concerns it may identify associated with the licensed premises, the proposed -
entertainment events or as may otherwise be needed to protect public health. safety
or welfare.
B. Denial. The City Council may deny the application for any of the following reasons.
1. The applicant failed to provide all required information:
2. The material provided by the applicant contains material omissions or false,
fraudulent, or deceptive statements:
3. The licensee had an entertainment license revoked by the City Council within
the previous 12 months: or
4. The proposed licensed premises or entertainment events do not comply with
any of the applicable requirements including, but not limited to, any uniform
codes, parking requirements, or City Code requirements.
Section 23-306. LICENSE CONDITIONS. In addition to the specific conditions the Citv
Council may place on a license, all entertainment licenses shall also be subject to compliance
with the conditions and requirements in this Section
A. Code Compliance. The business and associated uses must comply with the Zoning
Code, uniform codes, and all other applicable provisions of the City Code.
B. Legal Compliance. The licensee shall comply with all applicable federal, state. and
local laws, rules, regulations, and ordinances related to the business, the licensed
premises, and the conducting of the entertainment events.
C. Public Nuisance The licensee shall maintain manage and operate the licensed
premises, and conduct the entertainment events, in such a way so that they do not
become or constitute a public nuisance under the City Code or state law.
D. Permitting Occupancy (overcrowding). The licensee shall employ such measures as
may be required to ensure an attendance at an entertainment event does not exceed
the maximum occupancy established for the licensed premises in which the
entertainment event is located The licensee shall post and maintain a sign indicating
the maximum occupancy limit for the licensed premise.
E. Building Standards. The licensed premises must comply with the applicable building
standards. including ADA accessibility standards, for stages, dance floors, and
ingress/egress spaces.
F. Parking Limitations. The licensee must secure sufficient parking to accommodate the
number of people who attend the entertainment events it conducts. Such narking
shall at a minimum, comply with the applicable provisions of the Zoning Code and
the uniform fire code. In no case shall parking be allowed to block fire hydrants or
emergency access lanes. If a licensee enters into a parking agreement with a
neighboring property to secure sufficient parking, such agreement must be in writing
and provided at the time of applying for the issuance or renewal of an entertainment
license. No parking areas located off of the property containing the licensed premises
shall constitute parking for an entertainment event unless such area is subiect to an
established parking agreement in favor of the licensee, or is on an adiacent property
that is owned by the business issued the entertainment license.
G. Security. The licensee shall provide such private security as maybe needed to ensure
the entertainment events it conducts do not produce disorderly conduct, constitute an
unreasonable risk to public safety, or place an undue burden on police resources.
H. Noise or Sound. The sounds generated by an entertainment event shall not be audible
from outside the licensed premises after 10 p.m. at a level that unreasonably annoys
or disrupts those in the area.
Section 23-307. NOTICES OF NONCOMPLIANCE.
A. First Notice. If the City determines a licensee has violated a condition of an
entertainment license, the City shall provide the licensee a written notice of violation.
The notice shall identify the specific nature of the violation, the date or dates on
which they occurred, and what must be done to correct the violation or avoid future
violations.
B. Second Notice. If a second violation occurs within six months from the first notice of
violation, the City shall send the licensee a second notice of violation. The second
notice shall identify the specific nature of the violation, the date or dates on which
they occurred, and require the licensee to attend a license review conference with the
Qy to review the violations and to develop a mitigation plan the licensee shall
implement to correct or avoid similar violations
C. Referral for License Action. If another license violation occurs within six months
from the second notice of violation, or if the licensee fails to fully implement the
established mitigation plan, the City shall refer the matter to the City Council for
review and possible license action under Section 23-309. Notwithstanding the notice
of violation procedures set out in this Section, if the City determines a violation
created or poses a significant risk to the public health, safety, or welfare, the Citv
shall refer the license violation to the City Council for possible license action under
Section 23-309.
Section 23-308, RENEWAL. Every entertainment license expires on December 31 in the
year in which it was issued. Entertainment events shall not be conducted on the licensed premises
after expiration, unless the licensee renews the entertainment license prior to expiration. An
application to renew an entertainment license shall contain all of the information required form
initial license. The licensee shall update the information on the renewal application as needed to
ensure it is current. Complete applications shall be forwarded to the City Council for review and
a determination of whether to grant the requested license renewal. The City Council may add to
or amend the conditions placed ton an entertainment license upon renewal. The City Council may
deny the requested license renewal for any of the reasons identified for denying a license in Section
23-305 or for revoking, suspending, or non -renewing a license in Section 23-309.
Section 23-309. LICENSE REVOCATION SUSPENSION, ORNON-RENEWAL. The
City Council may revoke, suspend, or non -renew any entertainment license presented to it by -le-
Cijy for action for any of the reasons set out in this Section. The City shall provide the licensee
written notice and an opportunity to be heard at the meeting at which the_ City Council is to consider
the proposed license action.
A. Failure to comply with any of the specific conditions placed on the license or the
general conditions contained in Section 23-306.
B. Failure to fully implement the mitigation plan if one is established for the licensed
premises.
C. Making materially false, fraudulent, or deceptive statements to the City regarding the
licensed premises or the entertainment events.
D. Operating the licensed premises, or conducting the entertainment events, in such a
manner as to create or constitute a public nuisance under the City -Code or Minnesota
Statutes, Sections 609.74 or 609.745.
E. Operating the licensed premise, or conducting the entertainment events, in such a
manner as to produce multiple or repeated incidences of disorderly conduct.
F. Failure to pay any civil penalties or fines imposed by the City related to the business,
the licensed premises, or the conducting of entertainment events.
Section 23-310. PENALTY. The City Council may impose a civil penalty not to exceed
one thousand dollars ($1,000) on any licensee for violating any specific or general condition placed
on the entertainment license. A separate penalty may be imposed for each license violation. The
City Council shall establish as part of the City's fee schedule the presumptive civil penalties
applicable to violations, including multiple violations within a certain period of time. The City
shall provide the licensee notice and an opportunity to be heard by the City Council prior to
imposing a civil penalty. The civil penalties set out in the fee schedule are the presumed sanctions
for a violation, but the City Council may impose a different penalty as it determines is apnr_opriate
under the facts of the particular situation
ARTICLE III. C2 Commerce District Permitted Uses. Brooklyn Center City Code Section 35-
322(1)(b) is hereby amended as follows:
Section 35-322. C2 COMMERCE DISTRICT.
1. Permitted Uses
b. Eating establishments, provided they do not effef live ei# and fiwther
provided that the category does not permit drive-in eating places and convenience -
food restaurants.
ARTICLE IV. C2 Commerce District Special Uses. Brooklyn Center City Code Section 35-
322(3)(d) is hereby amended as follows:
3. Special Uses
a. Eating establishmerAs f�live ent�.t ���_ecreation and amusement places
such as motion picture theaters and legitimate theater; sports arenas, bowling alleys,
skating rinks, and gymnasiums, all provided they do not abut an Rl, R2, or R3
district, including abutment at a street line.
ARTICLE V. Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
ATTEST: �/ ,�&U_ _,i(
City Clerk
Date of Publication: December 19, 2019
Effective Date: February 22, 2020
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Mayor