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CL-2786 New Business   Item #: C.       
Meeting Date: 06/07/2022  
Subject:    Consideration of a Special Use Permit at 900 S Main Street.
From: Doug Plachcinski

COUNCIL ACTION
Business Meeting:     06/07/2022
SUMMARY
Special Use Permit Application PZ22-71 (from the Board of Zoning Appeals) requests a Special Use Permit for a commercial recreation facility according to Article 3.M.C.4. of the Danville Zoning Ordinance at 900 S Main Street (Parcel ID#22494). The applicant proposes up to six (6) skill game machines at the existing convenience store.    
BACKGROUND

The applicant, Ma Hollins, proposes up to six (6) skill game machines. Ma Hollins had six (6) skill game machines approved by Virginia ABC up until June 30, 2021. The following explains the timeline of events leading up to now: 

  • The City sent Ma Hollins a zoning violation letter for operating skill games without a Special Use Permit. 
  • Ma Hollins appealed the notice of violation to the Board of Zoning Appeals.  
  • The BZA, at their meeting on April 21, 2022, asked if Ma Hollins could apply for a Special Use Permit for commercial recreation.  I agreed to allow a Special Use Permit application because Ma Hollins appealed the violation notice before the City enacted new regulations for skill games on April 5, 2022. 
  • Ma Hollins applied for a Special Land Use Permit for the Planning Commission meeting of May 9, 2022. 
  • I issued a packet recommending that the Planning Commission recommend the City Council deny the Special Use Permit request because skill games are illegal under Virginia Code.  This initial recommendation was influenced with the understanding that a statewide court action influencing skill game activity would conclude on May 18, 2022. 
  • The statewide court action restricting criminal enforcement against skill games under certain circumstances, which the Ma Hollins machines qualify as, was extended for six (6) months into November 2022. 
  • With the extended court action, the Planning Commission wanted an alternate recommendation to postpone action on the item until December.  Postponement would allow Ma Hollins to operate without restrictions. 
  • I provided a list of conditions to the Planning Commission, Ma Hollins agreed to the conditions, and the Planning Commission recommended to Council, approving the Special Use Permit until the end of 2022 with operational restrictions recommended in the past. 
 
To clarify three (3) options: 
  1. Deny the Special Use Permit request.  If Ma Hollins continues to operate commercial recreation, the City will have to bring a civil case against Ma Hollins for zoning violations because the court injunction limits criminal enforcement. 
  2. Approve the Planning Commission recommendation.  Allows Ma Hollins to operate commercial recreation within the 11 conditions the Planning Commission recommended through the end of 2022. 
  3. Remand the request back to the Planning Commission.  The Planning Commission may postpone action until the injunction is over allowing Ma Hollins to operate commercial recreation without restrictions in the meantime if they do not violate the injunction.   
RECOMMENDATION
  1. The Planning Commission, at their May 9, 2022, meeting, voted 6-1 to recommend approval of Special Use Permit Application PZ22-71. 
  2. The hours of operation for the machines are limited to between 8:00 a.m. and 10:00 p.m. Sunday through Friday and 8:00 a.m. and 11:00 p.m. on Saturday. 
  3. The Special Use Permit is valid until December 31, 2022.  
  4. The establishment may only have up to the number of skill games previously allowed by Virginia ABC.  
  5. There shall be no more than one (1) gaming machine per three (3) people permitted under the maximum building occupancy specified on a Certificate of Occupancy for the building and its current on-site uses; if a current Certificate of Occupancy is not on file, a new inspection must be undertaken to determine the maximum number of machines permitted.  
  6. No person under the age of eighteen (18) years old shall be permitted to play any game which presents an opportunity to obtain monetary or cash prizes. The proprietor will verify the age when paying out customer winnings. 
  7. All entrances/exits to the building must be lit at night.  
  8. The required parking must be provided on-site. 
  9. The windows to the building must be unobstructed to allow for visibility and law enforcement purposes. 
  10. No alcohol may be consumed on the premises. 
  11. No gaming machine may allow for more than one (1) player at a time, seated or standing. 
  12. No multiple player machines are permitted. 

Attachments
ORDINANCE
Planning Backup


    

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