HomeMy WebLinkAboutCity Council Ordinance 1962-19VILLAGE OF PLYMOUTH
OADi11ANCE NO. 62-19
An Ordinance 1Providlag for the
Licensing by the Village of
Plymouth of Drive-in Theaters.
The 'Village Council of the Vil-
laos of Plymouth do hereby or.
dain as follows
Section 1. Definitions.
1.01—For the purposes of this
Ordinance, the following terms,
phrases, words, and their deriva-
tions shall have the meaning giv-
en herein. When not inconsistent
with we context, words used in
the present tense include the fu-
ture, words in the plural number
include the singular number, and
words in the singular number
include the plural number.
The w o r d "shall" is always
mandatory and not merely direc-
tory.
1.02—"Village is the Village of
Plymouth, Minnesota.
1.03—"Drive-In Theater" is any
premises in which motion pic-
tures are projected upon a scram
or theatrical performances given
for viewing by patrons seated in
automobiles or other vehicles and
for which an admission charge is
made,
1.04 --"Licensee" is a p e r a o n
having a license issued by the
Village in full force and effect
Issued hereunde- for a drive-in
theater.
1.05—"Persons" is any person,
f i r m , partnership, association,
corporation or organization of any
kind.
Section 2. License Required.
2.01- No person shall construct,
operate or maintain a drive-in
theater within the Village with-
out first obtaining a license as
hereinafter provided f r o m the
Village Council.
Section 3. Application Proeed-
Yre.
3.01—Applications for licenses
issued hereunder shall be made
in duplicate upon blank forms
prepared and made available by
the Village Clerk and shall state:
(1) The name, home address
and proposed business address of
the applicant.
(2) The number o.' automo-
biles or other vehicles which the
drive-in theater is designed to
accommodate.
(3) The hours of operation for
said drive-in theater.
(4) The number of employees
and attendants to be employed.
(5) Such other information as
the Village Council shall find
reasonably necessary to effectu-
ate the purpose of this Ordinance
and to arrive at a fair determina-
tion of whether the terms of this
Ordinance have been complied
with.
(6) An application hereunder
s! -all be accompanied by a plat
or drawing of said drive-in thea-
ter which plat or drawing Shall
show the following:
(a) Its location, size and ca-
pacity
(b) location and size of en-
trances and exits
(c1 parking plan and type of
ground surfacing
(d) location, size and construc-
tion of all proposed structures
(e) location, size and design of
all signs, marquees and billboards
(f) location, size and construc-
tion of all wails, fences or bar-
riers surrounding the premises
(g) location and description of
all artificial lighting to be used
on the premises
Section 4. Application Fee,
4.01—An application hereunder
shall be accompanied by an ap-
plication fee of Fifty ($50.00)
Dollars.
Section 5. Bond or Liability
Insurance aequired.
5.01—Every application for a
license hereunder shall be accom-
panied by a bond, approved as
to form by the Village Attorney,
executed by a bonding or surety
company authorized to do busi-
ness in the State of Minnesota in
the penal sum of Fifty Thousand
($50,000.00) Dollars conditioned
upon the payment by the licensee
of any and all final judgments
for injuries or damages resulting
to persons or property arising out
of the operation or maintenance
of any drive-in theater, Such
bond shall run to the Village for
the benefit of any persons who
may receive injuries, and for the
benefit of any person who may
clam: redress for property dam-
age resulting from the operation
or maintenance of such drive-in
theater, Such bond shall remain
in full force and effect for the
full period of time for whish the
license is eft mtive. A liability
insurance policy issued by an in-
surance company authorized to
do business in the State of Min-
nesota conforming to the require-
ments of This Se( -tion, may be
permitted in lieu of a bond.
Section 6. Referral to Planning
Commission.
6.6,—Following the receipt of
an application as provided for
herein, the Village Clerk shall
refer such application to the ViI-
1 a g e Planning Commission for
their advice and recommendation
which shall be made to the Vil-
lage Council. One copy of such
:.pplication and the plat or draw-
ing accompanying the same shall
be sent to the Village Engineer
for his report and recommenda-
tions to the Planning Commission
and the Village Council.
Section 7. License Fee.
1.91—Whenever the Village
Council has authorized the issu-
ance of a license under the pro-
visions of this Ordinance, such
license shall be issued upon the
payment by the Applicant to the
Village of an annual fee of I ive
Hundred (#500.00) Dollars.
Section 8. Expiration of U.
came.
8.01—All licenses issued under
this Ordinance shall expire on
the 30th day of April next follow-
ing the issuance thereof.
Section 9. Revocation.
9.01—The Village Council shall
have the authority to revoke or
suspend a license issued hereun-
der when it finds:
(1) That the licensee is oper-
ating in violation of this Ordi-
nance or any other governing
law, ordinance or regulation.
(2) That the licensee is oper-
at ing so as to constitute a nui-
sance by reason or immoral ac-
tivity on the premises.
Section 10. Penalties.
Any person violating any of
the provisions of this Ordinance
shall be guilty of a misdemeanor,
and upon b e i n g found guilty
thereof, shall be punished by a
fine of not to exceed One Hun-
dred (:100) Dollars or imprison-
ment for not to exceed ninety
(90) days.
Section 11. Effective date.
11.01—This Ordinance shall be-
come effective upon its passage
and publication.
Adopted by the Village Council
the 30th day o1 October, 1982.
Thos. J. Keefe, Mayor
ATTEST:
H. T. Johnson, Village Clerk.
11-8, '62