HomeMy WebLinkAboutResolution 898RESOLUTION # 898
A RESOLUTION SETTING FORTH RESTRICTIONS AND REQUIREIENTS
PRECEDENT TO THE GRANTING OF A THEATRE LICENSE
TO NORTHWEST CINEtlA CORPORATION
AUTHORIZING OPENING AND OPERATION OF
THE NAVARRE DRIVE -III THEATRE
DURING THE 1978 SEASON
WHEREAS, the City Council of the City of Orono has reviewed
the City files, City staff reports, numerous complaints and past
promises and performances by Northwest Cinema Corporation (hereinafter
"the licensee"), all related to the operation of the Navarre Drive -In
Theatre over the past several years; and
WHEREAS, the City Council has held public hearings on May 24,
1977, May 26, 1977, June 13, 1977 and October 24, 1977 to receive
comments from the public and the licensee to show cause why the license
for the Navarre Drive -In Theatre should not be suspended or revoked; and
WHEREAS, the City Council adopted Resolution #790 on May 26,
1977, and extended Resolution #790 on June 13, 1977, which resolution
made findings of fact and listed requirements for future conduct and
operations of the Navarre Drive -In Theatre for the protection of the
health, safety and welfare of the citizens of Orono; and
WHEREAS, the City Council has continued the review of these
matters upon receiving the 1978 Theatre License Application.
• NOW, THEREFORE, BE IT RESOLVED that the Orono City Council
hereby makes the same findings of fact and specifically finds that
no change in use of the property has occurred since May 26, 1978 which
would have changed any of the findings of fact listed in Resolution #790.
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 officers
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.
0
•
•
1
1
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 constitute.
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
violation of•Chapter 6.1 of..the Municipal --Code..
8. There'has been excessive and illegal parking_on the street
surrounding the Navarre Drive- n.by patrons of.:the Navarre
Drive -In who trespass. upon private. and..public .property.,i.n
order .to . sneak. into the ,Navarre .Driv-e-In without paying,
therefor.,. ' The illegal, .parking. by. the :patrons has.. resulted .
-in- excessive noise -and disturbance late -at °night -in a quiet,
residential mei::ghborho.od.,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. ahe .:patrons : of ..the
Navarre- "Drive -In.
11•. There .is a total. lack' of . c'on.trol of - .the patrons . by .Licensee
on the premises..
12. The Licensee*has.been operating'in violation o.f'the Orono-,
Zoning:Code.which requires the construction of a six-foot,
fifty,percent opaque.fence around.the boundaries -of the
Navarre .Drive -In.
, 13. the Li censee 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 conductor demonstrating
propensity, .for .it, ,all.. -in violation .of Section ..61.080. of
the Municipal Code.,.
The Licensee's charge in. -admissions policy and security
measures .after. May 2.64--1977. has -not -remedied the above
problems.
15.. On October 24, *'1977, .at a. public hearing, after the .close
of'the-.1977 Theatre season, similar complaints were
received from.the City Chief of .Police and surrounding
property owners.
( ♦
h,.. ., r � w Y x ( t • , k
A R : } f ( _ 4 'yY '(J• < S t 1 l', f �fe >4 1 4 . Z S• .S PT _ :ri X .. fi'
:t
' in * i
r 1 ;?l nr�'f Y��P �T �i �{_Y � Y ! .i4i' ( 5h i•t..} ?� '`Y :L % �V "W.�' A � r` k -� � j f"Y.11..i .a�!i3••.,. F(+.
r
,: �-5s 1 3.• rtf-.i i �( ¢:*. }S aJ ! y }t ys M; �.
F(', .h ':1 ..I
,
• 16.
The City of Orono.has demanded repeatedly since 1970
•that. the -premises be fenced.
17.
'The Orono Zoning Code provides that the City Council
may require the installation of a fence around the
premises before a license will be issued'in order to
protect the health, . safety and'.welfare - of the • citizens
of Orono.
18.:
The Orono Chief of Police recommended. on February '16.,.
1978, .that if the Navarre Drive -In is ' to be relicensed•
for 1978, a fence suitable to control ingress and egress
should'. first .be- installed. before .a license is issued
and the theatre opens..
•
n
U
19.. In order to protect. the .health,- safety and ,welfare of
the 'citizens of. -Orono and the patrons of . the' .theatre,
a fence. must .be constructed .and .maintained around
theatre .premises' prior, -to ..any.,operations ..in-1978-
NOW,
in.1978..NOW, THEREFORE, 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..and b.ased..upon the above "find-
ings of fact, the City Council of the City of Orono.hereby-•issues
the -1978 Theatre License . to Northwest: Cinema..Corporation subject .to
the conditions -for conduct of -theate .operations' set forth .hereinafter.:
1. The Licensee .shall continue to .comply with -provisions-
1-.to. ..12
rovisionsl.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
.-v-ill charge -admission per individual arid issue a separate
icket for each, paid admission.
3 The Licensee will. prohibit the consumption•.of beer and .:
liquor on the premises.
4. _ On. Fsiday., Saturdays (and .Sundays .when preceding a holiday)
the Licensee will . employ ,at ..its: expense .two. of ,--duty
uniformed security. off iaers_of.,-_the .State .of .Minnesota, one
;of whom will ,be :present .at the ..entrance _of .the Navarre
`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 premises.
• '�' � J �' } .' � S " � 2 k l � - � +yry h-ixt � }•'is .wy j4> r *h > `ii ,i+� ;..� 1..{ i ��, M
`� i � � �,L�sj ! r_�v FYI _S 'S '• �•' %s, s rhn � •�4 s•� �� i.`�Ci�S�Y��'y .`,, x�q�*� `,� a �.�c �.y�L51��,o �x,h � c.
• � .. 1. • F nrt 1 3' .t JR f- �.Lb in...
1
• 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.
T. 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 rest -
rooms.
8.. The Licensee will insure that there will be no loitering
allowed*.on4the 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: 0.0 A. M, ,
Central;.Standard .Time, 'or 2.00 A." M.. Central Daylight,
Savings 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 intoxicated
persons. -or any individual.,or groups of people that demon
... .' strate • a .behavior or. disturbance, unruly .actions, .intoxi-
cation.,..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.si:gns
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.para
graph 'at the .commencement of. each. show.
15. The' Licensee will employ in .addition.. to the two 'off-
duty police.officers, five '."fieldmen".., which f.ieldmen
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 will
identify.them as employees' -of the Licensee to the off-
duty- ,officers., to .the . po:lice 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.. meetwith. •the Chief of .Police 'at least
once prior to -their: working, Xor the Licensee.. In .the
event, that one. o.r. *more of these :officers. is .replaced with
another 'officer.., ' that officer shall. meet with the. Chief
of Police. prior to working ,for.. -the ..Licensee. In .the event
off-duty:' police .officers are .unwilling. to.b.e.: 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, S299H,
-et seq. relating. to. the State .Fire Code. and .obtaining,...a.
permit there.for.prior to operations in.19.78.
21. The ,two. ,.off-duty of f icers . 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
parkingsigns on the streets to the rear of the theatre.
22... The names and addresses of the" -off-duty police' officers
:..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:-a.nd addresses of
the fieldmen.shall be given to the•off-duty police officers.
z . ♦ ,.T r .. ✓" • .r r + •a. i♦._ P`� -F t'» . ef+ z :�.{ ',L� a♦z.
' a � ., _. - "s�,r•. '�".T.. r -? a .. `.. - ;.,. - '� �'.' ' Yet .
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.
.24. Prior to any.operations of'the theatre. in 1978, the
Licensee shall erect and maintain in.good repair at all
times a permanent fence enclosing the north,.east and.
west permiter of the property • to secure> thos.e property
boundaries at all times, and- a .fence or .other .acceptable
means.. of securing the • south• or.. front property boundary
.
during all'times that•the. theatre is not.in .actual
operation. The' Licensee shall submit.` a•�plan of the
required fencing. far approval.. by the City staff..and City
Council and shall ".erect. said .fencing .according :to the
approved,plans,,. The fence will not .add to diminution .of
value .of surrounding ..liroperties but shall. be ,esthetically
pleasing --to the general area,.` The. fencing shall:be erected
by the Licensee and 'inspected and •approved .by the City
%prior to , the effective issuance •of .the 1978 License by_ this
resolution- The •.opening..of..the •theatre or any :public
showing prior to.^.completion. -of , the fencing' and approval
by -.the City shall be a violation -of this resolution and
a violation of Orono. Municipal Code. Chapter. 61 which
violation shall be.prosecuted.by the .City.Attorney.
25 • . The City ,staff is .directed to .conduct, weekly inspections
to insure compiiance -with .. the provisions .of..this resolution.
26•. ••. •The -City may impose any:. -other supervisory and enforcement
regulations.as the City deems'.necessary from time to time
..to insure compliancenof the Licensee with the City codes
• * and.,.in order .to ,protect • the health, safety and welfare
of the citizens of. Orono.
This resolution. was passed by the'City Council of the - City., of . Orono on
the_13 day of April , 1978.
Following .Council• members .voting::for: Mayor Van Nest, Butler, Paurus. & Pesek
Followi_ng..Council.members voting against:' None
Walter LInson, - Clerk -Administrator . , .William :B_ an..Nest, .-Mayor
Northwest Cinema•Corporation hasreviewedthis resolution and agrees to
be'bound by the regulations. and terms as set forth herein.as a condition
precedent.to•obtaining a Theatre License for 1978.
President
Northwest Cinema Corporation d/b/a
Navarre Drive -In Theatre, License