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CUP, Craig Otto Page 2 <br /> March 18, 1993 <br /> • former Ben Franklin entrance would still allow access to <br /> restrooms within the mall and a direct door to the outside. <br /> 2 . Curfew: The curfew for minors 14 years old and younger, <br /> is from 10 : 30 p.m. to 5 a.m. For minors 15 through 17 <br /> years old, the curfew is 12 midnight to 5 a.m. The <br /> applicants would have to rigidly enforce this curfew with <br /> their business . <br /> 3 . Loitering: There have been a number of complaints <br /> regarding loitering in the parking lot of the pool hall <br /> located in this area. The applicants indicated they felt <br /> their business was not conducive to being a "hangout. " <br /> Most of their clientele will be local youth sports teams . <br /> Patrons of this business will also need to bring their own <br /> equipment in order to use the batting cage, golf cage, <br /> etc . The applicants will not allow smoking and will <br /> report juveniles drinking intoxicating beverages to the <br /> police department. <br /> The former Ben Franklin space will have to be converted to meet <br /> the ceiling height needed for this use. This can easily be <br /> accommodated by removing the ceiling tiles and raising the <br /> sprinkler heads . <br /> 110 Another area of concern is noise. On one side of this proposed <br /> use there is an aerobic studio that was required to be sound <br /> deadened and on the other side is a hallway. Staff feels sound <br /> deadening may not be necessary for this use. <br /> Staff feels parking for this use is adequate. Parking spaces <br /> for the former Ben Franklin store were considered in the sizing <br /> of the mall parking lot. Further, the peak hours for this <br /> business will be later in the evening. <br /> Section 900 .42 of the Elk River Code of Ordinances contains the <br /> seven standards for reviewing a conditional use permit <br /> request. Staff feels this request can meet the seven standards <br /> with the following stipulations : <br /> 1 . THE BUSINESS BE ALLOWED TO REMAIN OPEN UNTIL 1 A.M. <br /> ON FRIDAYS AND SATURDAYS, AND 12 MIDNIGHT ON OTHER <br /> NIGHTS, HOWEVER, THE CURFEW FOR MINORS MUST BE <br /> STRICTLY ADHERED TO. <br /> 2 . SECURITY TO OTHER BUSINESSES IN THE MALL MUST BE <br /> ACCOMMODATED BY GATES LEAVING DIRECT ACCESS TO THE <br /> OUTSIDE OF THE BUILDING AND THE RESTROOMS. <br /> 3 . EMPLOYEES OF THIS BUSINESS MUST BE OF PROPER AGE FOR <br /> • THE HOURS THEY WORK AND TAKE RESPONSIBILITY TO WORK <br /> WITH THE POLICE DEPARTMENT REGARDING JUVENILE SMOKING <br /> OR DRINKING. <br />