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Memo/Amusement DevicesCITY OF HOPKINS MEMORANDUM DATE: May 9, 1989 TO: Zoning & Planning Commission FROM: Nancy S. Anderson SUBJECT: Amusement Devices Recently there has been considerable discussions on how many amusement devices are allowed in a bar or tavern as an accessory use. The Zoning Ordinance allows only 3 amusement devices in the B -1 and B -2 districts. However, it was unclear if only 3 amusement devices were allowed if amusement devices were not the principal use. The ordinance allows accessory uses. The attached memo is from the City Attorney regarding this issue. The City Attorney has recommended clarifing the language in the Zoning Ordinance regarding amusement devices. The attached language defines principal and permitted use and limits amusement devices to 3 in the B -1, B -2 districts if it is the principal use. Your action at the meeting is to set a public hearing for the June meeting. AMUSEMENT DEVICES 535.05 h) other uses customarily associated with but subordinate to a permitted use, as determined by the City. 515.07 Subd 91. Principal Use - The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal" use may be either permitted or conditional. 535.01 Subd 88. Permitted Use - A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts. Subd. 3 Capital letters following any "X" mark indicate that the use or uses permitted are subject to and are set forth in the provisions of separate paragraphs contained in Subsection 535.03 which corresponds to the capital letter or letters set forth in this subsection. The permitted uses of any land or structure in a B district are considered the principal use. 535.03 Subd. 2 BB) The operation of amusement devices may be allowed pursuant to proper city permit or license therefor in B districts, except that not more than three pinball machines or related amusement devices shall be permitted or operated in any location in any B -1 and B -2 use districts if the operation of amusement devices is the principal use. • CITY Date: May 8, 1989 To: Nancy Anderson From: Jerre Miller Re: Amusement Devices OF HOPKINS JAM MEMO I have reviewed Ordinance 535.05 (N) and 535.03(2BB). My impression of the intent based on the reading of these Ordinances is that the Council wish to avoid an entertainment center in the B-1 or B-2 districts and had no intention of applying it to on-sale liquor establishments where no minors congregate. It may be appropriate for you to review the language and clear up any inconsistencies. I have no unfavorable comments to make about the application of the Blue Ribbon for more than three such devices. 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer