PCAgenda_91Mar25 - Laserfiche WebLink

Home Browse Search

• Draft Conditions for Amusement Establishments Falcon Heights Page 2 Another test of a regulation's appropriateness is whether it represents a reasonable means to a legal end. Regulations must be reasonably related to the problem that they are intended to control. If the regulation is harsh or unreasonable it may violate the principal of due process, which states that no person may be deprived of life, liberty, or property under circumstances that are unreasonable, arbitrary, or capricious. The third issue to be aware of when considering new regulations involves the equal protection clause of the fourteenth amendment of the Constitution. To meet this requirement the regulation must be nondiscriminatory and there must be some rational basis for subjecting a particular group to it. The first condition in the CUP for J.J.'s Pool and Game Arcade deals with hours of operation and has been included in the proposed conditions virtually unchanged. Restricting the hours of operation to midnight is consistent with the City's curfew for minors between the ages of 16 and 17. In addition, this restriction reduces the possibility for disruption in the adjacent residential areas during those hours when a majority of residents are sleeping. Condition number two of the J.J.'s permit has been eliminated due to its site specific nature. More specific conditions regarding parking can be incorporated at the time an actual application is considered. • The third condition from the J.J.'s permit prohibits entering the establishment from the rear of the building. Since the retail buildings in the City of Falcon Heights are generally located with the rear of the building facing an adjacent residential area, restricting entry from the rear of the building could help reduce the potential of loitering and other undesired activity in this area. For this reason this condition has been retained in the list of proposed conditions. One word of caution, there may be some structures where a side entry is adjacent to a residential property and in that case the wording for the condition may need to be revised to address this situation at the time. the permit is issued. The third condition in our current list, labelled C, requires an approved security plan for amusement establishments. The intent here is to establish a comprehensive method for dealing with the issues that are generally the most problematic for this type of use. In addition, requiring the plan to be approved by the local law enforcement officials insures that these officials are aware of the establishment and that they have had input regarding its design and operation with a mind toward making the job of policing it as easy as possible. The key word in this condition is "implementation", we want to make sure the security plan is followed and not just prepared and ignored. Basically, this condition covers the issues addressed in items 4, 5, 6, 8, and 9 of the previous permit for J.J.'s. We believe Condition number 7 in the permit for J.J.'s is discriminatory and therefore, violates the principal of equal protection. There is no basis for assuming that allowing a person, previously convicted of a felony, to work at the establishment will result in it being any more or less compatible with the surrounding residential area. • Item 10 of the J.J.'s permit has been revised to eliminate the language about the maintenance of health, safety, and welfare. This language is awkward. In the broadest