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HomeMy WebLinkAboutResolution 790 /> /�..-S__ s,-1',F� / f '� : .' Resolution No. 790 RESOLUTION SUSPENDING THE LICENSE OF THE , NORTHWEST CINEMA CORPORATION FOR NAVARRE DRIVE-IN THEATRE AND SETTING FORTH ADDI- TIONAL RESTRICTIONS PRECEDENT TO THE GRAPdTING OF A TEMPORARY LICENSE, ALL TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZEPIS OF THE CITY OF ORONO WHEREAS, the City of Orono has reviewed the files, the numerous complaints and the City Staff reports related to the operation of the Navarre Drive-In Theatre for the past several years .and specifically since March, 1977, and WHEREAS, the City Council has reviewed this matter at a City Council meeting of May 23, 1977, with the management of Northwest Cinema Corporation, hereinafter referred to as Licensee, and with the staff of the City of Orono, and WHEREAS, the City Council of the City of Orono has held a public hearing on May 24, 1977, to receive comments from the • public and from the Licensee to show cause why the license for the Navarre Drive-In should not be suspended or revoked immed- iately, NOW, THEREFORE, the City Council of the City of Orono makes the .following findings of fact: 1. That the operation of the Navarre Drive-In in the past year has constituted a public nuisance. ~ = 2. ° That the: operation of the Navarre Drive-In in the past year has resulted' in excessive and unreasonable interfer- ence with the private property rights of others. 3. That the operation of the Navarre Drive-In in the past year has resulted in excessive demand for and use of the police officers of the City of Orono, all to the detriment of other citizens of Orono who rely upon those policemen to provide protection in other areas of the city. 4. That the operation of the Navarre Drive-In in the past year has resulted in excessive danger to the police offi- cers of the City of Orono and of other cities who have responded to the problems on the premises, the patrons on the premises and the citizens of Orono in the area. � . • • r i 5. The continued operation of the Navarre Drive-In without additional restrictions is adverse to the health, safety and welfare of the citizens of Orono and will consti- tute a public nuisance. 6. There has been no adequate control of the ingress and egress of the Navarre Drive-In. 7. There were numerous juveniles on the premises who were drinking and who were present after curfew, all in vio- lation of Chapter 61 of the P4unicipal Code. 8 . There has been excessive and illegal parking on the streets ' surrounding the Navarre Drive-In by patrons of the Navarre Drive-In who trespass upon private and public property in order to sneak into the Navarre Drive-In without paying therefor. The illegal� parking by the patrons has resulted in excessive noise and disturbance late at night in a quiet, residential neighborhood and the littering of the residential neighborhood by the patrons of the Navarre Drive-In. 9. There has been illegal consumption of alcohol on the premises by adults and by minors. • 10. There is unwarranted trespassing upon the private and public property in the area caused by the patrons of the Navarre Drive-In. 11. There is a total lack of control of the patrons by Licensee on the premises. 12. The Licensee has been operating in violation of the terms of its license as granted on March 28, 1977. - �• 13�. The . Licensee has been operating in violation of the Orono .Zoning Code which requires the construction of a six foot, fifty percent opaque fence around the boundaries of the Navarre Drive-In. ° � . � , 14. The Licensee in the past year of operation has allowed boisterous, profane and other objectionable conduct by its patrons and has not taken reasonable precautions at all times to prevent such conduct and to reject from the premises persons engaging in such conduct or demonstrating propensity for it, all in violation of Section 61. 080 of the r7unicipal Code. NOW, THEftEFORE, in order to protect the health, safety and welfare of the citizens of Orono, the patrons at the Navarre Drive-In, the property owners in the area, and the • Orono police officers who respond to problems at the drive-in, the City Council of the City of Orono hereby suspends indefin- itely the license granted to Licensee for the Navarre Drive-In on March 28, 1977, for the reasons set forth above and instruct • the City Police Department to take all steps necessary to close down all access points to the Navarre Drive-In unless the Licensee agrees in writing prior to 11:00 A.M. , Friday, May 27, 1977, to conduct its operations in the future pursuant to the following regulations: ' 1. The Licensee shall continue to comply with provisions 1 to 12 set forth in the Minutes of the Orono Council meeting of March 28, 1977, granting the theatre license. � 2. The Licensee shall not charge admission by the car, but will charge admission per individual and issue a separate ticket for each paid admission. 3. The Licensee will prohibit the consumption of beer and liquor on the premises. 4. On Friday, Saturdays (and Sundays when preceding a holiday) the Licensee will employ at its expense two off-duty uniformed security officers of the State of Minnesota, one of whom will be present at the entrance of the rdavarre Drive-In while the patrons are coming into the drive-in, and the other will patrol throughout the drive-in during all hours that the Navarre Drive-In is open to the public in order to enforce the • regulations as set forth herein. After all of the patrons have arrived for the evening' s performance, the security officer at the entrance shall assist the other officer in patroling the p remises. 5. The officers will escort from the premises any patrons who violate any of the regulations as set forth herein. • 6. The officers will check in all cars where they have reasonable cause to believe there is liquor being consumed by adults or minors. 7 . The Licensee will insure that all patrons remain in their vehicles or in the immediate vicinity thereof except for traveling by the patrons to the concession stand or restrooms . 8 . The Licensee will insure that there will be no loitering allowed on the premises and no gatherings in excess of six people other than transitory gatherings that are not disorderly. 9 . The Licensee will turn off all speakers on the individual stands prior to the commencement of each evening's show and the Licensee will insure that at all times during the show the fieldmen, as set forth hereinafter, will turn off all speakers that are unattended and unused. • • 10 . Entry and exit lights will be operational before the evening show begins. 11. The Navarre Drive-In will close promptly at 1:00 A.M. , Central Standard Time, or 2: 00 A.M. Central Daylight 6avings Time, and the Licensee shall insure that all patrons leave the premises promptly at the conclusion of the movie or at the time noted above, whichever occurs first. 12. The Licensee will eject all unruly, noisy or intox- icated persons or any individual or groups of people that demon- strate a behavior or disturbance, unruly actions, intoxication, or other activity which poses a threat to the public health, safety or welfare or will violate any of the requirements of this resolution. 13. The Licensee will construct signs and place such signs at the entrance of the Navarre Drive-In which shall state that �there shall be no loud radios or horn honking; no loitering; no disorderly conduct or alcoholic beverages; that patrons must _ retain their admission tickets; and that any violation of the - foregoing shall result in a patron being ejected. 14. The Licensee will develop a "trailer" which will be shown at the commencement of each show and at least once during the show at intermission, which trailer shall set forth the • regulations as noted in the paragraph above. The Licensee shall also announce over the loud speaker system the regulations as set forth in the above paragraph at the commencement of each show. 15. The Licensee will employ in addition to the two off- duty police officers, five "fieldmen", which fieldmen will be responsible for enforcing these regulations. Two fieldmen may assist in taking tickets until a majority of expected patrons have arrived. The fieldmen will wear orange fluorescent vests at �all times which• w-i1-1- identify them as employees of the Licensee to the off-duty �offieers, to the police- officers of . the City of Orono and to the patrons. •�• - - �, ;- _ : 16 . The Licensee will meet the requirements of the State Health Department at all times. 17 . The Licensee shall clean up the premises by noon on each day following the show. 18 . Each patron must have in his possession at all times a valid ticket for that evening show or else the patron will be ejected from the premises. 19 . The two off-duty police officers to be employed by the Licensee shall meet with the Chief of Police at least once � prior to their working for the Licensee. In the event that � one or more of these officers is replaced with another officer, that officer shall meet with the Chief of Police prior to work- ing for the Licensee. In the event off-duty police officers are unwilling to be employed as security personnel at the theatre, the Chief of Police may approve the substitution of uniformed personnel of a private security service and shall meet with the Chief of Police at least once prior to their working. 20. The Licensee shall comply with Minnesota Statutes, �299H, et seq. relating to the State Fire Code and obtaining a permit therefor prior to June 3, 1977. 21 . The two off-duty officers shall be empowered and instructed by the Chief of Police to erect no parking signs during the hours of operation and to tag all violators of no parking signs on the streets to the rear of the theatre. - �=��� �~�2�2.- Tfie names and addresses �of the off-duty pol ice off i- cers and the manager of the theatre shall be presented to the Chief of Police and Licensee shall notify the Chief of Police of any changes thereto. Names and addresses of the fieldmen shall be given to the off-duty police officers. 23. One of the fieldmen shall patrol the rear lotline • of the premises during and prior to the show in order to prevent trespassing and the entrance of individuals in areas other than through the authorized entrances to the premises. , The City Staff is directed to conduct weekly inspections to insure compliance with the provisions of this resolution. The City may impose any other supervisory and enforcement regulations as the city deems necessary from time to time to insure compliance of the Licensee with the city codes and, _in: ordex to protect the health, safety and welfare of the citizens of Orono. In the event that the Licensee agrees to abide by the regula- tions as set forth, above, then City Staff is directed to grant a temporary license to the Licensee, which temporary license shall expire on June 13, 1977, or sooner, if the City Council determines that the provisions hereof have been violated by the Licensee. On June 13, 1977, at 7:30 P.M. , the City Council will hold a public hearing to determine whether or not the temporary • � license should be continued, revoked, or the City Council will make such other disposition of this matter as it deems necessary to protect the health, safety and welfare of the citizens of Orono. Notice of the public hearing shall be given to all property owners within 300 feet of the Plavarre Drive-In at least ten days prior to the hearing. From this date until the June 13, 1977 public hearing, the City Staff and the Licensee shall review the question of whether or not permanent fencing is needed around the premises as has previously been required by the Qrono Zoning Code, and whether or not there is a need to implement procedures to control the dust in the Navarre Drive-In and to prevent the dust from leaving the premises and being deposited on the property adjacent thereto. Licensee shall have the responsibility of showing why a variance from the Zoning Code concerning the construction of fences should be granted. This resolution was passed by the City Council of the City of Orono on May 26, 1977, by a vote of 4 ayes and 0 nays . • illiam S . an Nest, hiayor ATTEST: �� �� Walter . Benson Clerk/ dministrator Northwest Cinema Corporation has reviewed the above resolution and agrees to be bound by the regulations and terms as set forth herein . . --�e---�va r re---- �„�� ' until June 13, 1977 Vv � � � �• �= �` � '� � � �-� , �.-S � ,� r z ( -1, i.-....I �� a �.. � � �.. � � 'i— .t'�.� `�1'e `_��'c'+..— �" � � .�i? ✓ti .7 . „�.�._� i �C.i\f __ P'resi ent _. •Northwe Cinema Corporation d/b/a Navarre Brive-In Theatre, Licensee •