05/10/1982 Meeting (2) - Laserfiche WebLink

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e Mr. Packard said he disagreed with remarks made by Mr. Hill. He noted that Mr. Hutchinson's business was not currently licensed by the City for use as an arcade. He also noted that in hearings regarding appeal of the denial of a business license, Mr. Hutchinson had said that he was unable to control the behavior of his clients because of the partitions between stalls in the amuse- ment device area of his business. Councilor Obie said that he had had no contacts from with the location or operation of amusement centers. council should enact ordinance amendments to address exist. citizens who were concerned He did not feel the a problem that did not Chief Packard responded that the amendments were measures to prevent crime. He said that with reductions in staff numbers and staff time, members of the Police force can work more effectively if a building is well-lit and allows an at-a- glance inspection. He said that the ordinance makes owners and managers of amusement centers responsible for control of customers' behavior. Councilor Smith agreed with Ms. McCown's statement that the first, second, and third paragraphs of the amended ordinance were inflammatory and raised issues not applicable to Eugene's situation. She suggested that the ordinance be rewritten to address this concern. Ms. Smith also agreed with the suggestion of dealing separately with adult amusement centers and those serving people of all ages. Responding to Ms. Smith, Les Swanson, City Attorney, said that separating out a particular business or narrowly defined business type for regulation would raise constitutional issues and could lead to legal appeals. e Councilor Wooten agreed with Ms. Smith and felt that the opening paragraphs of the amended ordinance should be reworded. Ms. Wooten asked Mr. Swanson whether the City could regulate amusement centers offering explicit, adult material separately from other centers. Mr. Swanson said that attempts at such regula- tion would impinge on the legally sensitive area of freedom of speech. He therefore advised the council to regulate a broad rather than a limited class of businesses. Councilor Lindberg felt that the council should identify the dangers, if any, to the public health, safety, and welfare presented by amusement centers and that the ordinance should not be amended unless there is evidence of such dangers. He requested Chief Packard to provide the council with documentation regarding such dangers. Chief Packard said he would provide documentation of the problems that have arisen in other cities where amusement centers have not been regulated. Mr. Lindberg asked how the portions of the ordinance dealing with lighting and removal of partitions parallel ordinances governing taverns. Mr. Gleason responded that State law deals with similar concerns in taverns. Councilor Schue said that she has had calls from citizens in her ward who were concerned with a proposal to locate an amusement center near a junior high school and that there is citizen concern regarding this issue. e MI NIJTES--E ugene City Counc il May 10, 1982 Page 4