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244113 � o.�.i s�cit-ci�rk . ' 1 ' • � - - ORDINANCE 244��� COUNCIL FILE NO PRESENTED BY � , � �O INANCE NO An ordinance amending the Saint Paul Le s- lative Code by adding a Chapter 373 fo the licensing of Drive-Tn Motion Pictures Theaters. THE COUDICIL �F THE CI�Y OF SAIBIT PAUL DOE3 ORDATI�Ta Section 1. That the Saint Paul Legislative Code be and the same is hereby amended by adding a chapter to be designat�d Chapter 373, as follows: 373.01 LICENSE REQUIRE]3. No person �hall conduct or operate a Drive-Zn Motion Picture Theater within the City without first obtaining a license therefor as provided herein. 373.02 DRIVE-IN M4TION PICTURE THEATER; DEFIL�TTZODT. "Drive-In Motion Picture Theater" shall be any pr�mi�es on which motion pictures are projected upon a screen or theatrical performances are ginen for viewing by patrons seated in automobiles or other nehicles and for which a�a admission charge is made. 373.03 LICENSE APPLICATIDN PROCEDURE. All persons seeking a license to eonduct or operate a Drive-In Motion Picture Theater shall make initial application for a license to the City Clerk, which �p- plication sha11 state: l. The name, home address and business address of the applicant. 2. The proposed business address of the applicant for the operation of a Drive-In Motion Picture Theater hereunder. 3. The number of auto�aobiles or other vehicles which the Drive-In Motion Picture Theater is designed to accommodate, together with a drawing of said theater clearly showing its location, plan, structural layout, and location of entrances, exits, walls, fences, or barriers. 4. The proposed hours of operation for said Drive-In Motion Picture Theater. 5. Such additior�al information as the License Inspector may require. 373.04. �URATION �F LICENSE. Th� term of the license herein p=ovided shall be for a period of one (1) year, commencing from the date upon which said said license shall be granted. Yeas Councilmen Naya Passed by the Council Carlson Dalglish In Favor Meredith Peterson Against Sprafka Tedesco Mr. President (Byrne) Approved• �` Attest: � , City Clerk Mayor �� � Form approved Corporation Counsel By 1 .� ' � ������ 2 ��/�� 373.05 Lieense Fee. The license fee ahall be 50� per vehicle stall per year, 373.06. LTABILITY INSURANCE REQUIRED. Every application for a license heretuider shall be accompanied by a certificate of insurance issued by an insurance company authorized to do business in the State of Minnesota, in form acceptable to the Corporation Counsel, providing policy limits at least equivalent to those set forth for municipal liability in Minnesota Statutes 1967, Chapter 466, and listing the City as a named insured. The policy shall be kept in force during the license period, and said certifieate shall provide for 30 days� notice to the City upon cancellation. 373.�7 HOURS OF OPERATIOAT. No licensee hereunder shall project, s�ow, or exhibit any motion picture film prior to the hour of 7:30 P.M. 373.08 CONDUC� OF LICENSEE. No lieen�ee hereunder shall knowingly permit the consumption by a patron of any beer or intoxicating liquor upon the premises of the Drive-In Motion Picture Theater, nor permit loitering, disorderly eonduct ror breat3z of the peace. 373.09 PA�ID�G �l� TREATMEAIT• All driveways and areas located upon the premises of a Drive-In Motion Picture Theater fo= u�e by patrons shall be satisfactorily paved or treated to avoid the creation of dust. There shall be provided, between the public street access and the ticket booth, a stacking area sufficient to aecommodate at least150 cars, allowing a rectangular space 20 feet by 9 feet for each car. 373.10 LIGHTING. All exits, aisles and passageways used by patrons of Drive-In Motion Picture Theaters shall be kept adequately lighted by the licensee during the period when �id theaters shall be open to the public. 373.11 FENCE, WALL AND LANDSCAPTNG. The licensee of any Drive-Tn Motion Picture Theater hereunder shall provid� a wall or fence of adequate height to screen the patrons and automobiles in attendance at said theater from the view of surrounding property when sueh surrounding property directly abuts upon the property line of said theater and has a single or multiple residential zoning classification. Such fence or wall shall be of a design and structure approved by the City Architect. The perimeter of said fence or wall shall be land- scaped with suitable plants and shrubbery to preserve, as far as possible, harmony with the appearance of the surrounding residential property. 373.12 NOISE. Individual speakers for each automobile shall be provided, and no central loudspeaker shall be pesmitted by the licensee where the premises of the Drive-In Motion Picture Theater abut upon property having a residential zoning classification. Ori�4a1 to City Clerk ' � � � ORDINANCE . .. . COUNCIL FILE NO ���� er PRESENTED BY ORDINANCE NO J ✓.— 3 373.13 CLEAN-UP OF REFUSE. The licensee of any Drive-Ia ; Motion Picture Theater hereunder shall keep tY�e premises of said theater clean and free from refuse or any other waste material and to that end shall daily collect and di�pose of �11 refuse. 373.14 ATTE�AP�S. At all times when a �rive-In LMiotion Picture gheater hereunder is open to the public, the licensee shall provide an adequate number of atter�dants for the maintenance of order and th� patrolling of entr�nce� and exits to avoid congestion. The lieensee shall also bear the eost of such off-d�aty police personnel a� are necessary to dir�et traf£i� into and o�t of the theater durir�g pe�k hours. 373._15 I�ESTIGATION AND �P1�PE�TTON. IIpoA receipt of ari iaitial applieation as hereir� provided, the City Lieense Tnspector, the City Architect, th� City Traffic Engineer, the �ity He�lth Officer ma� the Fi�e Pren�a�t�ion Bureau shali cause an imm�diate inve�tigation to be made of the applicant and his propc�sed Drin�-In Motion Picture '�heater � operation and shall report their findings to the Couneil within ten (10) days after the dat� of the applieation for a liQense. Sf the applicant has complied �vith all requirements of this chapter and all other ap- plicable laws �nd ordinances, and the application meets reasonable �tandards of traftic flow, the council may issue a li��nse.""` Licenses shall be renewable upon application to the Clerk showing the name, home address, and business address of the applicant, loc�.tion of the drive-in, and its capacity. 373.16 SEVERABILTTY OF PR4VISIONS. The various provision of this ordinance shall be severable, and if any part or provi�ion herein sha11 be held to be invalid, it shall not be held to invalidate any other part or provision 'not so held. Section 2. EFFECTIVE DATE. This ordinance shall take effect �nd be in force thirty (30) days after its pag�age, approval and publication. _. � JUN l 2 1969 Yeas Councilme� Nays Passed by the Council Carlson�� � � Dalglish Tn Favor ✓ M� I �. ✓S rafka gainat � r. President r J U N 1 2 196g % . Ap ved: A test: _ . Ci er Mayor �� Form approved Corporation Counsel By � le��� �,V 14 1969 Mr. ���vlvvJ c�"7� moves to amend Council File No. by striking the language in Section 373.�5 and substituting therefor the following language: "373.05 License Fee. The license fee shall be 50� per vehicle stall per year. " , Adopted by the Counci� 196— Y�$ Naye �GAftLSON DALGI.tS�` � MEREDIT� �_ � !.. PETER� SPRAF�1 �IDESCO\ MR. PRESIDENT (BYRNE� � . / �+ U J / � �. � Adopted by the Council 196_ Y�$ Nays CAR.LS �ALGLISH �REDITH ' � �ETERSON \ �. �PRAFKA TIDES� M . PKESIDENT (BYRNE) � ,�,..� ,� �, v ` � ,' J , � , . ��. r O Adopted by the Councii 196_ Yeas Nays '�CAR.LSON DALGL� MERID���1'S� � "z—_ PETEKS��__. �PRAF� IDESCO Mft. PftESIDENT (BYB� /"�_.. �� � � � � .._ . �--�...�- i �o � Ist � ` - , 2nd Laid over to 3rd and app�—Adopted � � �^ Yeas Nays Yea Nays Carlson Carls Dalglish � �alglish Meredith � '� � �vleredith � �.���_,__ t Peterson � �eFersew� ��.. (� Sprafka '�prafka .• Y) � Tedesco edesco Mr. President Byrne �Ir. President Byrne O